I have a plot and a bungalow

Dear Client,
Bye law No.49 to 54 of the Model Byelaws of the Cooperative Housing Societies registered under the Maharashtra Cooperative Society Act, 1960 outlines the grounds. procedures and other related matters in respect of expulsion of membership of a member of the society and any spiritual activities carried on by a member in his or her apartment/flat unless the same is objected collectively by the members or contrary to the common interest of the society or provisions of its byelaws, is not shown as a ground of expulsion of membership in the Bye law No.49 under which a member may be expelled from the membership of the Society, if such a member a) has persistently failed to pay the charges due to the Society, b) has wilfully deceived the Society by giving false information, c) has used his flat for immoral purposes or misused it for illegal purposes habitually, d) has been in the habit of committing breaches of any of the provisions of the byelaws of the Society, which, in the opinion of the Committee, . are of serious nature, e) has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society. or, f) a Non-Active Member who does not attend at least one meeting of the general body in next five years from the date of classification as Non Active Member. So, the proposed action of the MC apparently appears to be arbitrary, irrational, and illegal being impermissible under the law. Bye Law No.174 of Model Bye-Laws of Cooperative Housing Society deal with the redressal of complaints of a member of a society registered under the Maharashtra Co-operative Society Act, 1960. So, in the given scenario, as per Bye Law No 174(a), complaints may be made to the Registrar of the Cooperative Societies, failing which disputes between the Members and/or the Members and Society, which falls under Section 91 of the MCS Act 1960 may be filed before the Cooperative Court under Bye-Law No.174(b) and failing which, the aggrieved member may file a civil suit before competent Civil Court under Bye-Law No.174(c) of Model Bye-Laws of Cooperative Housing Society seeking appropriate relief in the matter.

Dear Client,

The managing committee of your society cannot simply evict you as a member through a resolution in the AGM solely because you are conducting spiritual activities like Brahma Kumaris on your premises, unless you have violated specific bye-laws, engaged in illegal, immoral, or unauthorized commercial activity, or your actions have been demonstrably detrimental to the interests of the society.

Expulsion is a severe action and must strictly comply with the formalities set out under the Cooperative Societies Act, it requires a 30-day show cause notice, an opportunity for you to be heard, and a resolution passed by not less than a 3/4th majority in the AGM, all subject to Registrar’s approval. The Registrar will only approve such expulsion if there is sufficient legal ground; mere spiritual activity cannot be considered a justifiable reason for eviction unless it causes proven harm to the society or violates clear society rules.

If a wrongful expulsion is attempted, you have the right to challenge it before the Registrar or Cooperative Court, and such action may not be legally sustainable under Indian law.