The sub- registrar of cooperative societies, K East Ward, Sanjay Ghadepatil has appointed an authorised officer to oversee the day-to-day affairs of Splendour Complex Cooperative Housing Society in Jogeshwari (East), following a management stalemate.
Legal Requirement of Two-Thirds Strength
The dispute arose after multiple resignations from the 19-member managing committee elected in December 2022 for a five-year term. While 18 members were initially elected, resignations in 2023 and 2024 reduced the active strength to just 12 members—10 elected and 2 co-opted. Under the Maharashtra Cooperative Societies Act, 1960, at least 13 members are required to maintain the two-thirds majority necessary for a valid committee.
Complaint Filed Under Section 77A
Complainant T.S. Natrajan, through his advocate Mohit Bhardwaj, alleged that the shortfall had paralysed the committee’s functioning and sought its dismissal under Section 77A. Several members also raised concerns about alleged irregularities in financial transactions, lack of transparency, and misuse of society funds.
Society’s Defence
The society, however, in its reply claimed that 12 members were currently active in the committee. It argued: “As per the provisions of the Maharashtra Cooperative Societies Act, 1960, for filling vacancies until members from the reserved categories are available or elected, such reserved posts should not be taken into consideration for completing the quorum in managing committee meetings. Under the circumstances, only nine members are required to comply with the quorum, whereas 12 members are currently active. As per Section 154B-19(2) of the Act, the managing committee of the society was formed legally on 11.12.2022, and there is no violation of the provision.”
Stalemate Confirmed
In his order dated September 9, Gadepatil held: “Considering the above provisions collectively, it appears that in order to form the managing committee legally, it is mandatory that the number of committee members during its tenure should be more than two-thirds. Similarly, during its tenure, not more than one-third of posts can be filled by nomination. For the purpose of quorum in meetings, reserved seats cannot be taken into account. The legality of the committee’s formation and the quorum requirement are two separate issues. The society’s written statement only discussed quorum, which is not applicable in this case. Under Section 77A(1)(b-1), if there is a stalemate in the formation of the managing committee, an authorised officer can be appointed. In the present case, although the committee was formed for a five-year term, only 12 members (10 elected and 2 nominated) remain active out of 19. This constitutes a stalemate, and therefore, an authorised officer must be appointed.”
The sub-registrar further noted that a notice was issued by his office to the society on July 3, 2025, giving members sufficient time to submit objections or suggestions. “In view of the said notice under Section 77A, none of the members other than the managing committee supported the objection. I am therefore convinced that, in order to look after the day-to-day affairs of the society, an authorised officer should be appointed,” the order stated.
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