Maharashtra, India · property

How to Remove the Chairman of a Housing Society in Maharashtra

When a housing society chairman in Maharashtra abuses power, withholds accounts, or refuses to call meetings, society members do not have to accept the deadlock. The Maharashtra Co-operative Societies Act, 1960 provides clear, democratic mechanisms to unseat an office bearer through a formal no-confidence motion or intervention by the Cooperative Registrar. Following strict statutory procedures is essential to ensure the removal withstands legal scrutiny.

The Legal Framework in Maharashtra

In Maharashtra, the administration of a Co-operative Housing Society (CHS) is governed by the Maharashtra Co-operative Societies Act, 1960 (MCS Act), the Maharashtra Co-operative Societies Rules, 1961, and the society's registered bye-laws (primarily Model Bye-law No. 126). Society office bearers are custodians of collective funds and community welfare; they do not hold unconditional authority. When a chairman acts arbitrarily, misappropriates maintenance funds, or disregards member resolutions, statutory avenues exist to remove them.

Under Section 73ID of the MCS Act read with Rule 57A of the MCS Rules, an elected officer bearer—such as a Chairman or Secretary—can be unseated through a motion of no-confidence. However, this power cannot be exercised casually: the law imposes strict procedural safeguards, including notice requirements, minimum quotas of committee signatories, and oversight by the Deputy or Assistant Registrar of Co-operative Societies.

Two Legal Routes to Unseat a Chairman

The first and most direct route is an internal Managing Committee No-Confidence Motion under Section 73ID and Model Bye-law 126(a). At least one-third of the elected managing committee members must sign a formal requisition in Form M-18 and submit it directly to the local Registrar. The Registrar then convenes and presides over a special committee meeting within 30 days. To pass, the motion requires a two-thirds attendance quorum and must be supported by a three-fourths majority of those present and voting. Note that Section 73ID bars a no-confidence motion within the first six months of an officer taking charge.

The second route applies when the managing committee is complicit or inactive, forcing general society members to take action. General body members can requisition a Special General Body Meeting (SGM) under Section 76 of the MCS Act by gathering signatures from at least one-fifth of the total voting members. If the committee refuses to convene the SGM within one month, members can petition the Deputy Registrar to call it. Where serious financial fraud, refusal to audit, or persistent non-compliance exists, members can file a complaint under Section 78A for disqualification or request an official inquiry under Section 83 of the MCS Act.

Building an Evidentiary Record and Next Steps

Overturning an entrenched chairman requires objective documentation rather than personal grievances. You must compile written proof of statutory defaults: unanswered inspection requests under Section 32 of the MCS Act, unapproved expenditures, delays in annual audits, unminuted decisions, or unilateral vendor contracts. Presenting a well-documented paper trail prevents the chairman from obtaining a stay from the Cooperative Court or Divisional Joint Registrar.

You can use Caunsel to research statutory procedures under Maharashtra cooperative law, organize and save society records in a dedicated case, or talk to an independent lawyer to plan your next steps.

Steps

• Collect documentary proof of wrongdoing, including unapproved vendor payments, audit discrepancies, and written requests for society records that went unanswered.
• Mobilize committee members or general body residents to secure the statutory threshold (at least 1/3rd of the managing committee for a no-confidence motion, or 1/5th of total society members for an SGM requisition).
• Submit a formal requisition: if proceeding via the committee, deliver Form M-18 to the Assistant or Deputy Registrar; if proceeding via members, submit a Section 76 requisition to the society's secretary.
• If the committee ignores a valid member requisition within one month, file an urgent application with the local Ward Deputy Registrar of Co-operative Societies to order and conduct the meeting.
• Attend the officially convened meeting, ensure the presiding officer documents all votes accurately, and forward the certified resolution to the Registrar's office to gazette the vacancy.

Common mistakes

• Holding an informal general meeting or WhatsApp vote without statutory notice and expecting the Registrar or banks to recognize the removal.
• Attempting to move a committee no-confidence motion within six months of the chairman assuming office, which violates Section 73ID(2) of the MCS Act.
• Failing to serve a formal written notice with clear charges, which gives the ousted chairman grounds to overturn the resolution in Cooperative Court for violation of natural justice.
• Withholding monthly maintenance payments as protest, which risks member disqualification for default under Section 73CA of the MCS Act.

Questions people ask

Can general body members directly vote out the Chairman in an AGM?

Not directly in ordinary routine business. The general body elects the managing committee, and the committee elects the chairman. However, the general body can pass an SGM resolution expressing no confidence and petition the Registrar under Section 78A to supersede or remove the officer for cause.

What is Form M-18 under Maharashtra Cooperative Rules?

Form M-18 is the statutory requisition form prescribed under Rule 57A of the MCS Rules, 1961. At least one-third of the managing committee members must sign it and deliver it to the Registrar to initiate an official no-confidence proceeding.

What happens if a removed chairman refuses to hand over society records and checkbooks?

Under Section 80 of the MCS Act, the new committee or Registrar can apply to an Executive Magistrate for a search warrant to seize all society books, accounts, and bank access tokens by force.

General information only, last updated 2026-10-17. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in Maharashtra, India.