🏢 Being elected is not enough! A recent Bombay High Court judgment highlighted that a housing society’s managing committee must also maintain the required number of elected members.
📌 Minimum Strength Matters
For a committee sanctioned with 19 members, at least 13 elected members are required to remain properly constituted.
If resignations reduce the elected strength below this number, the committee may no longer remain legally constituted.
⚖️ Can Co-option Fix It?
Not necessarily. The court highlighted that co-option is limited to one-third of the elected strength and cannot simply be used to rebuild a committee that has already fallen below the statutory requirement.
In the case, the elected strength dropped from 13 to 12, after which the committee was held to have ceased to be legally constituted.
🔑 Key Takeaway
A valid election is only the beginning. Housing societies must also ensure that their managing committee continues to meet the required statutory strength.
For society committees, maintaining compliance is just as important as conducting elections.
📄 Want to read the complete judgment?
Here is the Bombay High Court Order PDF .
🏢Can a Housing Society Committee Become Invalid After Elections?