Most committees treat a member’s request for copies of minutes as an irritant that can wait. A July 2026 Bombay High Court ruling shows how costly that attitude can be. The Chairman, Secretary and Treasurer of a Mumbai society lost their seats and were barred from the committee for five years, because copies of committee minutes reached a fellow member nearly a year after he asked for them. If you sit on a managing committee, or you are a member who has been stonewalled, this is worth understanding.
This summary is based on published press reports of the judgment (Writ Petition No. 7757 of 2026, decided by a single judge in July 2026), not on the order itself. Read the full order or take legal advice before acting on any point below.
What happened
A member of the managing committee of a Mahalaxmi society, a former Treasurer himself, wrote to the society in October 2023. He asked for attendance records and minutes of 13 committee meetings held in 2022-23, saying he had been told of only three meetings, and for a copy of the video recording of the AGM. He enclosed cheques towards copying charges. When nothing came, he complained to the Deputy Registrar, who issued directions to the society.
Reports say the society sent the minutes and a pen drive to the Deputy Registrar’s office rather than to the member. He actually received the AGM recording in June 2024 and the committee minutes in October 2024. In May 2025 the Deputy Registrar disqualified the three office-bearers and barred them for five years. The Joint Registrar and the Minister for Co-operation upheld the disqualification, and the High Court dismissed the writ petition.
The provisions behind the ruling
The relevant provisions sit in Chapter XIB-A of the Maharashtra Co-operative Societies Act, 1960, which was inserted by the 97th Constitutional Amendment-based changes. As reported, the Court applied the following.
| Provision | What it says |
|---|---|
| Section 154B-8(1) | Every member may inspect, free of cost, the bye-laws, audited financial statements, register of members, minutes of general meetings and minutes of committee meetings. |
| Section 154B-8(2) | On a written request and payment of the prescribed fee, the society must supply copies within 45 days. |
| Section 154B-23 | A committee member held responsible for a breach of 154B-8(2) is disqualified, the seat falls vacant, and the person cannot be re-elected, co-opted or nominated for five years. |
| Section 154B-27 | The Registrar may issue statutory directions to the society. |
Section references as reported in media coverage of the judgment; verify against the current Act.
What the Court said
- The 45-day clock starts when the fee is tendered. A society cannot escape it by simply not encashing the cheque.
- Committee members keep member rights. The argument that the requester only wanted to engineer a disqualification was rejected.
- Handing records to the Registrar is not enough. The duty is to supply them to the member.
- Disqualification is not automatic. The Registrar must inquire and fix responsibility, and a minor delay or substantial compliance may save a member. Here the Court saw “deliberate refusal”, not an insignificant delay.
- The AGM video is a grey area. It is not listed in section 154B-8(1), so its non-supply alone would not have justified disqualification. The minutes of committee meetings are listed, and that was enough.
The office-bearers lost their right to hold committee office, though they remained members and flat owners. For a small society, losing the Chairman, Secretary and Treasurer at once can leave it unable to operate its bank account or hold a valid meeting.
A records-request process for your committee
- Log every request on the day it arrives. Record the date, the member, the documents asked for and the fee tendered.
- Calendar the 45th day. Count from the date of the written request with the fee, and aim to deliver well before it.
- Charge only the fee the society has prescribed and issue a receipt. Do not use the fee as a reason to delay.
- Deliver to the member directly and take a signed acknowledgement or a dated courier receipt. Do not route documents via the Registrar.
- Keep minutes in order. If minutes are unsigned, unwritten or missing for meetings that were held, fix that now. A request for them is a compliance test.
- Answer in writing if you believe a document is not covered. Say which one and why, rather than staying silent.
Member rights and practical tips
- Ask in writing, with the fee. A dated letter and a cheque or receipt are your proof. Keep copies.
- Know what you are entitled to. Minutes of committee and general meetings, audited statements, the register of members and bye-laws are the listed documents.
- Escalate after 45 days. Complain to the Deputy Registrar with your proof. Use this route for real non-supply, not to harass a committee that has complied.
- Read the surrounding rules. See how the Act’s duties interact with society election rules and the cost of non-compliance.
This article is general information for committee members and flat owners and is not legal advice. Case details are drawn from press reports and should be checked against the judgment.
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