Mumbai: Bombay High Court has held that a
person appointed to look after the daily affairs of a
cooperative housing society cannot implement major decisions,
until a regular general body comes into existence and
considers the matter.
The order was passed recently by division bench of
Justices P B Majmudar and A A Sayed in the case of Vasant Kunj
Deputy Registrar of Cooperative Societies had appointed
an administrator for the society after it was found that the
then managing committee was not following bylaws.
Afterwards, a special general body meeting took the
decision to go for redevelopment and the administrator
ratified the proposal.
But Nalini Lapsiwala, one of the members, moved the
Bombay High Court contending that the administrator could not
ratify a major policy decision such as this, as he was
appointed basically to conduct the elections and appoint a new
State government`s lawyer informed the court that
elections would be held on April 16.
Upholding the petitioner`s contention, High Court held
that administrator should not implement the decision to
redevelop until a new general body considers it afresh.