The disqualification of a petitioner from the Managing Committee of a Cooperative Housing Society under the Maharashtra Cooperative Societies Act, 1960. The disqualification was based on exceeding the limit of two children, as per Section 154B-23 of the Act. The petitioner's appeal against this disqualification was rejected by both the Deputy Registrar and the Divisional Joint Registrar. The main contention was whether Section 154B-23 applies to actions under Chapter XIII-B of the MCS Act, which deals specifically with housing societies.

1. Background and Parties Involved

• Petitioner: Mr. Swapnil Bangur, representing the petitioner.
• Respondents: Dr. Uday Warunjikar for respondent No.5, and the Advocate General of Maharashtra for respondents 1 to 3.

2. Disqualification Decision

• Decision by Deputy Registrar: Disqualified petitioner for having more than two children, citing Section 154B-23 of the MCS Act.
• Decision upheld by Divisional Joint Registrar.

3. Legal Arguments

• Petitioner's Argument: Chapter XIII-B provisions do not apply to actions under Sections 154B-1 to 154B-31. Section 154B-2 excludes Section 73(CA) from Chapter XIII-B, rendering disqualification on child limit grounds invalid.
• Respondent's Argument: Chapter XIII-B, being specific to housing societies, includes Section 154B-23 which validates disqualification based on child limits under Section 73(CA).

4. Relevant Provisions of MCS Act

• Section 154B outlines applicability and exclusions of various MCS Act sections to housing societies.
• Section 154B-23 specifies disqualification criteria, including child limit under Section 73(CA).

5. Interpretation of Statutory Amendments

• Chapter XIII-B inserted by MCS Amendment Act No.23 of 2019 applies specifically to Cooperative Housing Societies.
• Argument against non-inclusion of Section 154B-1 to 154B-31 under Section 154B(1) deemed invalid, as Chapter XIII-B is intended to govern these societies.

6. Disqualification Criteria

• Section 73(CA)(1)(f)(vii): Disqualification for having more than two children, applicable unless children were born in a single delivery or before the Amendment Act's commencement.
• Disqualification upheld due to petitioner having three children post-commencement.

7. Disputed Identity of Child

• Contention over identity of third child, Mst. Prabhat Pawan Singh, settled based on Ration Card inclusion.

8. Court Decision

• Petition dismissed, extension of election postponement granted.

9. Conclusion

• Dismissal of petition due to valid application of Section 154B-23, despite arguments against its applicability under Chapter XIII-B.