Housing society dispute

Dear Client,
Under Section 78 of the Maharashtra Cooperative Societies Act, 1960, the Registrar is empowered to try any complaint involving default or negligence on the part of the committee of a registered society which is prejudicial to the interests of the society or its members. As per Sub-Section (1A) of Section 78 of the said Act, when a notice is issued against any committee or member under sub-section (1), if resignation from any office is tendered by the committee or member, it shall not be valid or effective until two months have elapsed from the date of issue of the notice or until it is permitted to be accepted by the Registrar, whichever is earlier. It is a settled position of law that a perverse order of subordinate authority or court is challengeable before the higher authority or Court. When an appeal is pending for hearing before the Joint Registrar, if any further notice is issued by the Su-Registrar on the same subject, you may bring the matter to the notice of the Joint Registrar by filing an interlocutory application(IA) seeking an appropriate order or direction in the matter. Apart from this, you can also apply under Section 91 of the Act to the Cooperative Court constituted under Section 91A of the MCS Act, 1960, seeking an appropriate order in the matter.