Quick Summary: A legal fight in Mumbai has started over whether a cooperative society's managing group is still allowed to run things after several people quit. The High Court of Bombay decided that the group couldn't keep working because they didn't have enough members to make decisions, showing how important fair processes are in cooperative societies.
In a cooperative society located in Andheri (East), Mumbai, a disagreement started when Sudhir Agarwal said that the managing group wasn't valid anymore. The problem began on August 4, 2024, when seven members quit, leaving the group with fewer members than needed. This led to a legal challenge about whether the group could still work.
On December 5, 2025, Judge Amit Borkar announced that the group wasn't properly formed after the resignations. The rules say that more than two-thirds of the group must be elected members. With only 12 elected members left, the group didn't have the required 13, causing a legal deadlock.
"The group must always have more than two-thirds of its allowed number as elected members." - Judge Amit Borkar
The court pointed out the difference between elected and added members, saying that adding members can't replace the fair election process. Rule 74 limits adding members to one-third of the group's allowed number, making sure elected members stay in charge.
"Adding members is like filling temporary gaps. It cannot rebuild the foundation." - Judge Amit Borkar
The court rejected the requests to let the group keep working, reinforcing the importance of keeping a properly formed group according to the rules. The decision makes sure that the society stays under the control of its elected leaders.
The court's decision ensures that cooperative societies follow the rules and maintain their fair nature. This case shows how important it is to keep elected bodies honest and effective in running things.
