Welcome back to Caseon!
Log in today and discover expertly curated legal audios and how our AI-powered, tailor-made responses can empower you to navigate the complexities of your case.
Stay ahead of the curve—don’t miss out on the insights that could transform your legal practice!
As per case facts, petitioners, members of a cooperative housing society, challenged the functioning of its office bearers, leading to expulsion proceedings by Respondent No.1 society for allegedly making false
...complaints and obstructing society work. The society expelled them via a resolution, approved by the Deputy Registrar and upheld by higher authorities. The petitioners filed a Writ Petition. The question arose whether lawful litigation, complaints to authorities, or raising grievances, even if some had merit, amount to acts detrimental to the society under Section 35 of the Maharashtra Cooperative Societies Act, justifying expulsion, and if lower orders lacked reasoned adjudication. Finally, the High Court held that seeking legal remedies or raising grievances, unless malicious or clearly destructive to collective interest, cannot be deemed detrimental. It found the lower orders unreasoned and without proper material consideration. The Court quashed the expulsion and reinstated the petitioners.
Legal Notes
Add a Note....