Here's a quick rundown: A group of committee members from a housing society in Mumbai got kicked out of their positions for not following some rules. They challenged this, and the court decided the decision wasn't fair and told the officials to take another look.
Kailash Maheshwari and others, members of a housing society's Managing Committee, were up against the State of Maharashtra and other officials. The case was heard by Judge Amit Borkar.
Kailash Maheshwari and his fellow committee members were kicked out for five years because they supposedly didn’t follow certain parts (75(2) and 75(4)) of the Maharashtra Cooperative Societies Act, 1960. This was about not sharing important financial details and reports during their Annual General Meetings (AGMs) for several years.
Two members of the society complained that the committee didn’t share necessary documents like the annual report, audit reports, and plans for extra money. The Deputy Registrar agreed and disqualified them.
Kailash Maheshwari and the other committee members, through their lawyer Mr. Lohia, argued that they mostly followed the rules and that the missing documents weren’t a big deal. They said most of the society members were okay with how things were run.
Judge Amit Borkar found that the decision to disqualify them was too harsh and didn’t consider who was actually responsible for the mistakes. The court noted that the Registrar should have figured out which specific duties were neglected and by whom.
The court canceled the previous orders and sent the case back to the Registrar for another look. They need to figure out exactly who was responsible for the mistakes and decide if disqualification is really needed.
In summary, Kailash Maheshwari and the other committee members get another chance to prove their case, and the officials need to be more precise in their decision-making.
