Quick Summary: A legal battle unfolded in Mumbai's Splendor Complex over whether its managing group could still function properly after several members quit. The court had to decide if the group could still operate with fewer members.
In December 2022, elections were held for the managing group of the Splendor Complex CHS in Andheri (East), Mumbai. The group was supposed to have 19 members, but only 18 were chosen because there weren't enough candidates for one reserved spot. This led to a series of events that resulted in a court case.
This series of resignations left the group with only 12 members, which is below the required minimum of 13 elected members according to the rules.
Statutory Requirements: The court pointed out that a properly formed group must always have more than two-thirds of its members chosen by election. For a group of 19, this means at least 13 elected members.
Co-option Limitations: The law allows filling vacancies by adding new members, but this can only be up to one-third of the group's size. This rule ensures the group mainly consists of elected members.
Quorum Rules: The rules allow unfilled reserved seats to be ignored when counting for a meeting but do not apply to resignations.
The court decided that the group was no longer properly formed once its elected strength fell below 13. It declared a stalemate, stopping the group from making major decisions until new elections or further legal steps are taken.
On December 5, 2025, Judge Amit Borkar dismissed the petitions challenging the appellate court's decision, reinforcing the need for a legally formed group to manage the society's affairs.
"The group stops being a properly formed managing group once the elected strength falls below the required number." - Judge Amit Borkar
The court's decision highlights the importance of keeping a strong democratic system in cooperative societies, ensuring they are run by a majority of elected members.
