Bombay High Court Upholds Disqualification of Housing Society Member Over Three-Child Rule
Court Dismisses Petition Challenging Exclusion From Managing Committee Under Maharashtra Co-Operative Societies Act
In a significant ruling, the Bombay High Court has upheld the disqualification of a housing society committee member for violating the two-child norm mandated under the Maharashtra Co-operative Societies Act, 1960.
The case involved Pawankumar Nandkishor Singh, a 47-year-old businessman from Kandivali, Mumbai, who was elected to the managing committee of the Charkop Kandivali Ekta Nagar Cooperative Housing Society. His election was challenged by two residents, Deepak Jagdish Tejale and Ramachal Samarth Yadav, on the grounds that Singh had more than two children, which disqualified him under Section 154B-23(v) of the Act.
The Dispute
According to records, Singh is the father of four children — Mahima (born 2001), Janhvi (born 2007), Abhinav (born 2009), and Prabhat, whose name appears on the family’s ration card. Despite Singh’s contention that Prabhat was not his child but only lived with him for studies, the authorities and the court held that his inclusion in the ration card indicated otherwise.
The Deputy Registrar of Co-operative Societies initially ruled Singh disqualified in May 2023, and the Divisional Joint Registrar upheld the order in May 2024. Singh then approached the High Court, arguing that Chapter XIII-B provisions (inserted in 2019) did not apply to housing societies.
The Court’s Findings
Justice Avinash G. Gharote, dismissing Singh’s plea on June 13, 2024, held that the three-child disqualification rule is valid and enforceable for cooperative housing societies.
The court clarified that Section 154B-23 specifically incorporates the two-child limit as a ground for disqualification, despite certain exclusions in Section 154B(2). Accepting Singh’s argument, the court noted, would render Chapter XIII-B redundant, which was enacted to regulate cooperative housing societies more effectively.
“The law clearly mandates disqualification of a committee member with more than two children. In this case, the petitioner had three children after the 2001 amendment, making him ineligible,” the judgment stated.
Implications for Housing Societies
This ruling reinforces the strict application of the two-child norm for managing committee members across Maharashtra’s cooperative housing societies. It sends a strong message that members cannot evade disqualification by misrepresenting family details.
While Singh’s petition was dismissed, the court extended a temporary stay on the housing society’s elections for two weeks, allowing procedural continuity.
