Reminder: How Housing Societies Must Fill a Vacancy on the Managing Committee

No fresh circular or court ruling specific to today was found, so this is a regulatory reminder. The Maharashtra Co-operative Societies (Amendment) Rules, 2026, notified on 18 June 2026, added a new Chapter XI-B for housing societies. It includes a step-by-step method for filling a casual vacancy on the managing committee.

What is a casual vacancy

A casual vacancy arises when a committee seat falls empty between elections. The rules list death, resignation, disqualification, removal, incapacity or any other reason as grounds. Filling the seat does not require a fresh election or a general body meeting.

The process under the 2026 rules

• The Secretary, or a person authorised by the committee, must put up a notice on the society notice board inviting nominations. The notice must run for 7 days.
• If the number of nominations does not exceed the number of vacancies, the nominated members fill the seats.
• If nominations exceed the vacancies, the managing committee decides by majority vote.
• The person co-opted serves only for the remaining term of the committee, not a fresh term.

What this means for housing societies

• Co-opting a member without the 7-day notice-board invitation could be challenged by other members as irregular.
• Keep a dated copy or photograph of the notice, the nominations received and the committee's minutes recording the decision.
• Check that a nominee is not disqualified under section 154B-23 of the Act, which the 2026 rules refer to in the amended Rule 58.

The summary of the rules reviewed does not state a commencement date, so societies should confirm the position in the Gazette notification or with the jurisdictional Deputy or Assistant Registrar. The final model bye-laws, still awaited, may add further detail on committee composition and terms.