Case Note & Summary
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.
Issue of Consideration: Pawankumar Nandkishor Singh Ors. Versus The State of Maharashtra Ors.
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