Synopsis

The petitioner No.2 was the Chairman of a co‑operative housing society. Six members of the Managing Committee requisitioned a special meeting for a no‑confidence motion against her. The Deputy Registrar issued notice for the meeting on 15.04.2026. Before the meeting, the Society’s General Body appointed petitioner No.1 as a tenth member of the Managing Committee (reserved category) on 12.04.2026. The Deputy Registrar was informed but did not issue notice to petitioner No.1. The meeting was held with nine members; six voted in favour, three against. The Deputy Registrar declared the motion passed, treating six out of nine as two‑third majority. The High Court set aside the motion, holding that petitioner No.1 was entitled to vote, and with her inclusion (10 members), six votes would not constitute two‑third majority (required 6.67 votes). The court held that fractions cannot be ignored under Section 73‑ID, and denial of opportunity to vote rendered the motion void.

1. Heading of the judgment

High court of judicature at bombay civil appellate jurisdiction

Civil writ petition no. 6416 of 2026

Madhavi vilas gosavi & anr. (petitioners) vs. Rajesh mishra & ors. (respondents)

Coram: hon’ble mr. justice sandeep v. marne

Core Law: Maharashtra Co‑operative Societies Act, 1960 – Sections 73‑ID (motion of no‑confidence against officers of societies) and 154B‑24 (special provisions for co‑operative housing societies) – Computation of two‑third majority – Right to vote – Statutory interpretation – Fraction not to be ignored.

Court: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)
Coram: Hon’ble Mr. Justice Sandeep V. Marne (Single Judge)
Date of Judgment: June 12, 2026 (Reserved on June 8, 2026)
Case No.: Civil Writ Petition No. 6416 of 2026
Citation: 2026:BHC‑AS:23638

2. Legal framework

Major laws and provisions involved:

• Maharashtra Co‑operative Societies Act, 1960 – Section 73‑ID (motion of no‑confidence against officers of societies), Section 154B‑24 (special provisions for co‑operative housing societies – motion of no confidence)

• Maharashtra Co‑operative Societies (Amendment) Act, 2019 – insertion of Chapter XIII‑B

Subject matter of the judgment:

Whether a motion of no‑confidence against the Chairman of a co‑operative housing society is validly passed when a newly appointed managing committee member (appointed between the date of requisition and the date of the special meeting) is not issued notice and is denied the opportunity to vote, and whether the two‑third majority required under Section 154B‑24(1) is to be computed on the basis of members present at the meeting who were invited and entitled to vote.

Key legal principles applied:

• Distinction between Section 73‑ID(1) and Section 154B‑24(1): Under Section 73‑ID(1) (for societies other than housing societies), a no‑confidence motion requires two‑third majority of the total number of committee members entitled to vote (irrespective of presence). Under Section 154B‑24(1) (for co‑operative housing societies), the motion requires not less than two‑third majority of committee members “who are present and entitled to vote at such meeting”. Thus, for housing societies, the fraction is computed based on

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