Learn how to remove society chairman legally in Maharashtra under the Maharashtra Co-operative Societies Act, 1960. This guide explains the society chairman removal procedure, no-confidence motion rules, Registrar complaints, and legal remedies available to members facing soci...

Summary

Members can remove society chairman by initiating a no-confidence motion through the managing committee or by raising the issue in a Special General Meeting (SGM). If misconduct or governance failures exist, members can also approach the Registrar of Cooperative Societies or the Cooperative Court under the Maharashtra Co-operative Societies Act, 1960.

How to Remove Society Chairman Legally in Maharashtra: Complete Legal Guide (2026)

Housing societies in cities like Mumbai, Thane, and Navi Mumbai are meant to function democratically. However, conflicts often arise when a chairman misuses authority, ignores members’ concerns, or mishandles funds. In such situations, members frequently ask a critical question: How can we legally remove society chairman without causing further disputes?

This comprehensive guide explains the legal procedure to remove society chairman, applicable laws under the Maharashtra Co-operative Societies Act, 1960, and practical steps members can take to resolve society committee dispute situations through lawful means.

Why Society Members Want to Remove Society Chairman

In many cooperative housing societies, leadership disputes arise due to:

Financial irregularities in society accounts
Ignoring repair and maintenance issues
Illegal decisions without general body approval
Harassment of members who raise objections

Such situations often escalate into society committee dispute or cooperative society leadership dispute cases.

Residents facing these problems often seek assistance from housing society lawyers in Mumbai, cooperative housing society lawyer, or society lawyer Mumbai to protect their rights.

Legal Background: Laws Governing Society Chairman Removal

The power to remove society chairman arises from the cooperative governance framework under Maharashtra law.

1. Maharashtra Co-operative Societies Act, 1960

Important provisions include:

Section 73 – Constitution and powers of managing committees
Section 73(1)(ab) – Disqualification of committee members
Section 75 – Members’ right to requisition a Special General Meeting
Section 78 – Registrar’s power to remove or supersede the committee
Section 91 – Disputes to be decided by the Cooperative Court
Section 101 – Recovery of society dues from responsible officers

These provisions regulate housing society legal matters, law for society governance, and disputes within cooperative housing societies.

2. Maharashtra Co-operative Societies Rules, 1961

Rule 69 governs election disputes and the removal of committee members.

3. Model Bye-Laws of Cooperative Housing Societies

The society chairman removal procedure is mainly addressed through no-confidence motions under the society’s bye-laws.

4. Criminal Liability (If Fraud Is Involved)

If the chairman commits financial fraud or misappropriation, criminal provisions under the Bharatiya Nyaya Sanhita may apply, including:

Cheating
Criminal breach of trust
Forgery or misappropriation of society funds

In such cases, members should consult lawyer for cooperative society disputes, co op lawyer, or housing association lawyers.

Valid Grounds to Remove Society Chairman

Members must establish valid grounds before initiating the remove society chairman process. Common grounds include:

Misuse or misappropriation of society funds
Failure to maintain accounts or submit audit reports
Refusal to call AGM or SGM
Entering contracts without general body approval
Harassment or discrimination against members
Violation of society bye-laws or the MCS Act
Default in payment of society dues
Accepting bribes or illegal commissions

These situations often require housing association legal advice, co op legal advice, or assistance from lawyer for housing problems.

Society Chairman Removal Procedure: Step-by-Step Legal Process

Step 1: Requisition a Special General Meeting

At least 1/5th of total society members can demand an SGM under Section 75 of the MCS Act.

The written request must include:

Purpose of meeting
Allegations or grounds
Signatures of members supporting the motion

This step often involves consultation with housing society lawyers near me or cooperative society lawyers in Mumbai.

Step 2: Pass a No-Confidence Motion

During the SGM:

Members discuss allegations against the chairman
The chairman gets an opportunity to respond
Members vote on the resolution

If the resolution passes as per bye-law requirements, the society can remove society chairman through democratic voting.

Step 3: File Complaint with Registrar of Cooperative Societies

If the chairman refuses to step down or obstructs the process, members can file a committee misconduct complaint before the Registrar.

The Registrar can:

Conduct inquiry under Section 83
Issue directions under Section 79
Remove or supersede the committee under Section 78

This step is common in housing society legal matters handled by cooperative legal services.

Step 4: Approach the Cooperative Court

If the dispute continues, members can file a case under Section 91 before the Cooperative Court.

The court can:

Declare resolutions valid
Remove office bearers
Issue injunctions against illegal acts

Legal representation from housing association lawyers or lawyer for housing society is often required.

Step 5: Criminal Complaint (If Necessary)

If financial fraud or cheating occurs, members can:

File FIR with police
File complaint before Magistrate Court

This step is typically taken with help from committee misconduct complaint lawyer society specialists.

Common Problems Faced by Society Members

Chairman Refuses to Call AGM or SGM

This violates Section 75 of the MCS Act and can be challenged before the Registrar.

Financial Irregularities in Society Accounts

Examples include inflated repair contracts or unauthorised vendor payments.

Members often consult housing legal services or lawyer for housing problems.

Harassment of Members

Some chairmen misuse authority by:

Denying NOCs
Blocking share certificate transfers
Targeting members raising complaints

Such issues commonly lead to cooperative society leadership dispute cases.

Landmark Judgments on Society Chairman Removal

Bombay High Court – Sayed Mohd Mustafa vs State of Maharashtra (2018)

The Bombay High Court ruled that the Registrar has wide powers under Section 78 to remove a committee acting against the interests of society members.

Impact: Members can seek administrative intervention when society governance fails.

Bombay High Court – Prakash Chand Jain vs Registrar (2016)

The court held that members have a statutory right to requisition a Special General Meeting.

Impact: Chairmen cannot obstruct democratic processes within cooperative societies.

Maharashtra State Cooperative Appellate Court – Flat Owners Association vs Managing Committee (2020)

The Maharashtra State Cooperative Appellate Court upheld a no-confidence resolution removing a chairman for financial misconduct.

Impact: Properly conducted SGMs and resolutions are legally binding.

Real-World Example: Navi Mumbai Housing Society

A society in Kharghar, Navi Mumbai discovered irregularities in the maintenance fund.

Over 60 percent of members signed a complaint and sought help from cooperative society lawyers in Mumbai.

Outcome:

Registrar initiated inquiry
Chairman removed
Ad-hoc committee appointed
Fresh elections ordered within 3 months

This case demonstrates how collective action and proper housing law advice can resolve serious disputes.

Authorities You Can Approach

Members seeking to remove society chairman can approach:

Registrar of Cooperative Societies
Deputy Registrar (DRCS)
Cooperative Court
Maharashtra State Cooperative Appellate Court
Police or Magistrate Court for criminal offences

Professional assistance from society of lawyers, lawyer for cooperative society, or cooperative legal services may be necessary for complex disputes.

Important Documents Required

Prepare the following documents before initiating action:

Written requisition for SGM
Society bye-laws
Minutes of meeting and voting records
Financial statements or audit reports
Evidence of misconduct
Member list under Section 32
Copies of previous complaints

These documents are essential for housing society legal matters handled by housing association lawyers.

Practical Tips for Society Members

Act collectively rather than individually
Maintain documentary evidence of complaints
Follow the society bye-laws strictly
Record meeting minutes carefully
Seek early advice from lawyer for housing society

Residents dealing with disputes should consult housing society lawyers in Mumbai, society lawyer Mumbai, or co op legal advice professionals.

Legal Advice: Things to Avoid

Members should avoid:

Social media defamation against the chairman
Violence or confrontation during meetings
Making allegations without proof
Skipping internal society procedures

In complex disputes involving redevelopment or large funds, consult cooperative housing society lawyer or housing legal services immediately.

This article provides general legal guidance and should not replace professional legal advice.

Frequently Asked Questions

1.Can members remove society chairman without court involvement?

Ans: Yes. A chairman can be removed through a properly conducted no-confidence motion in an SGM or committee meeting. If the chairman refuses to step down, members can approach the Registrar or Cooperative Court for enforcement.

2.How many members are required to call an SGM?

Ans: At least 1/5th of the total members must sign a written requisition under Section 75 of the Maharashtra Co-operative Societies Act to demand a Special General Meeting.

3.What role does the Registrar of Cooperative Societies play?

Ans: The Registrar has authority to investigate misconduct, direct the society to take corrective action, or even supersede the entire managing committee if it acts against the interests of members.

4.Can criminal action be taken against a society chairman?

Ans: Yes. If fraud, cheating, or criminal breach of trust is involved, members can file a criminal complaint under provisions of the Bharatiya Nyaya Sanhita along with civil proceedings.

5.How long does it take to remove a society chairman legally?

Ans: An SGM-based removal may take about 30–45 days, while Registrar proceedings may take 60–90 days. Cooperative Court litigation may take several months depending on the complexity of the dispute.

Conclusion

If a chairman abuses power or violates society rules, members have clear legal remedies under the Maharashtra Co-operative Societies Act. The ability to remove society chairman ensures that cooperative housing societies remain democratic and accountable.

Members should follow proper procedures, maintain documentation, and seek professional legal guidance when required.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Please consult a qualified legal professional for specific guidance.

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Can Members Remove a Society Chairman? Legal Guide for Maharashtra