Statutory Authorities can Intervene if Housing Society Delays Membership Decisions: Supreme Court

The Supreme Court has held that statutory authorities are empowered to intervene in the affairs of co-operative housing societies when such societies refuse to decide or indefinitely delay membership applications.

Setting aside a Bombay High Court judgment, the Court observed that while housing societies enjoy autonomy in managing their affairs, such autonomy is not absolute.

If a society fails to act fairly or keeps applications pending for years, statutory remedies under the Maharashtra Co-operative Societies Act, 1960, can be invoked.

Upholding the Joint Registrar’s direction granting membership to long-standing flat occupants, the Court emphasised that administrative inaction cannot defeat legitimate membership rights.

[Shashin Patel & Anr. v. Uday Dalal & Ors.]