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Bombay HC Upholds Dissolution Of Khar Housing Society Panel After Losing Quorum

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Mumbai: The Bombay High Court has held that a housing society’s managing committee ceases to exist in law once it loses quorum, and the Registrar is justified in dissolving such a body to ensure smooth administration.

Justice Amit Bokar dismissed a petition filed by members of the Purshottam Bhagwan Co-operative Housing Society Ltd., Jeevan Jyot, in Khar West and directed that fresh elections be conducted within two weeks to restore “democratic functioning”.

The court upheld the orders passed by the district deputy registrar, divisional joint registrar, and the minister for co-operation under Section 77A of the Maharashtra Co-operative Societies Act, 1960 (MCS Act). The authorities had successively confirmed the dissolution of the society’s managing committee and appointment of an administrator after the committee fell below quorum.

The society’s eight-member committee, elected in January 2022 for a five-year term, lost four members following resignations tendered between April and June 2023. The registrar, noting that the strength had fallen below the required quorum of five, dissolved the committee in November 2024 and appointed an administrator. The petitioners’ appeal and revision were dismissed in March and July 2025, respectively, leading to the present writ petition.

Senior advocate Girish Godbole, appearing for the petitioners, contended that the registrar acted without issuing a mandatory notice inviting objections and that no urgency was shown to justify dispensing with this requirement. He argued that the remaining members had co-opted two replacements.

They relied on a government resolution (GR) issued on January 3, 2024 which reduced the number of committee members to five and quorum to three for small societies. They urged that the GR should be applied retroactively to validate their actions.

Opposing the plea, Anil Sakhare, counsel for the respondents society members (some of whom had resigned from MC), argued that the 2024 GR was prospective and did not apply to committees formed earlier. He submitted that once four members resigned, the committee was reduced to four, below the quorum of five, and could not legally function or co-opt new members.

The court accepted this reasoning, observing that quorum “is not a technicality but a legal minimum ensuring collective decision-making.” It ruled that the 2024 GR brought a substantive change and could not operate retrospectively. “Accepting the petitioners’ plea would amount to rewriting history and validating what was invalid under the law then in force,” the court said.

While finding no fault in the registrar’s decision to appoint an administrator without notice in view of the management vacuum, Justice Borkar said preference should ordinarily be given to appointing members from within the society rather than outsiders.

The court dismissed the petition but directed the authorised officer currently managing the society to initiate the election process within two weeks and complete it “at the earliest” to ensure early restoration of elected governance.

“In my opinion, therefore, the proper course in the present facts is not to unsettle the appointment already made, but to ensure that elections are held without any further delay,” it said in a detailed 47-page order.

National News

Ajit Pawar’s Widow Sunetra Swears In As Maharashtra’s Deputy CM, Becomes 1st Woman To Hold The Post

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Mumbai: Late NCP leader Ajit Pawar’s wife, Sunetra Pawar, on Saturday, January 31, took oath as Maharashtra’s Deputy CM at Mumbai’s Lok Bhavan. With her swearing-in, she has become the first woman to become the Deputy Chief Minister of the state. NCP leaders chant ‘Ajit dada amar rahe’ as Sunetra Pawar took oath as Maharashtra Deputy CM.

Maharashtra CM Devendra Fadnavis, Deputy Chief Minister Eknath Shinde, Governor Acharya Devvrat, Chandrashekhar Bawankule, State President of NCP, Sunil Tatkare and NCP MP Praful Patel, Chhagan Bhujbal, among other leaders, were present at Lok Bhavan for the swearing-in ceremony. Before heading to the Lok Bhavan, Sunetra Pawar paid respects at the late Deputy CM Ajit Dada Pawar’s portrait.

Earlier in the day, Pawar was elected as the party’s legislative leader. After Ajit Pawar’s death, a section of NCP leaders had demanded that she be given the post held by her late husband in the Devendra Fadnavis-led cabinet.

Born on October 18, 1963, Pawar is an Indian politician from Maharashtra and comes from the influential Pawar political family.

Speaking of her educational qualifications, she completed her Bachelor of Commerce (B.Com) degree in April 1983 from Dr Babasaheb Ambedkar Marathwada University, S.B. Arts & Commerce College, Aurangabad.

According to her official website, in 2010, Pawar founded the Environmental Forum of India (EFOI), an NGO dedicated to raising environmental awareness and fostering eco-conscious communities.

According to her affidavit, her declared total income for the financial year 2022-23 was Rs 4,22,21,010.

Until the 2024 Lok Sabha elections, Sunetra Pawar had kept a low profile. In the Lok Sabha polls that year, she stood from Baramati as the candidate of her husband’s party, but was defeated by her sister-in-law and incumbent NCP (SP) MP Supriya Sule. Sunetra Pawar was subsequently elected to the Rajya Sabha.

Sunetra Pawar and Ajit Pawar have two sons, Jay Pawar and Parth Pawar, who are actively involved in business and politics.

While speaking to the media, NCP leader Sunil Tatkare said, “We will take Ajit dada’s ashes across the state. We saw a video where a meeting is being held. The meeting took place over tea during an agricultural exhibition. Following the meeting, Ajit Dada stated at a press conference that discussions were held regarding local body elections.”

Ajit Pawar died in the Baramati plane crash on January 28. The incident happened when the jet carrying NCP leader Pawar and others was descending in Pune’s Baramati region.

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Business

New excise duty, health cess on cigarettes, pan masala to begin from Feb 1

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New Delhi, Jan 31: From February 1, the government is bringing a new tax structure for cigarettes, tobacco products and pan masala, aiming to tighten regulation and keep tax levels high on these so-called ‘sin goods’.

An additional excise duty will now be charged on cigarettes and tobacco products, along with a new health and national security cess on pan masala.

These new levies will replace the earlier system under which these products were taxed at 28 per cent GST along with a compensation cess that has been in place since the launch of GST in July 2017.

The government is also introducing a new MRP-based valuation system for several tobacco products such as chewing tobacco, filter khaini, jarda scented tobacco and gutkha.

Under this system, GST will be calculated based on the retail price printed on the packet, instead of factory value.

This move is expected to reduce tax evasion and improve revenue collection. Pan masala manufacturers will now have to take fresh registration under the new health and national security cess law starting February 1.

They will also be required to install CCTV cameras that cover all packing machines and store the video recordings for at least two years.

In addition, companies must inform excise authorities about the number of machines in their factories and their production capacity.

If any machine remains non-functional for 15 days in a row, manufacturers will be allowed to claim a reduction in excise duty for that period.

Even after the new changes, the government has ensured that the overall tax burden on pan masala, including 40 per cent GST, will remain around the current level of 88 per cent.

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National News

‘Must Have Been BJP Pressure’: Sena UBT Leaders Question Sunetra Pawar’s Swearing-In As Maharashtra Deputy CM 4 Days After Ajit Dada’s Death

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Mumbai: Shiv Sena UBT leaders on Saturday, January 31, has sharply reacted to Sunetra Pawar oath taking ceremony as the Maharashtra Deputy Chief Minister, questioning the reason for the haste.

Shiv Sena (UBT) spokesperson Anand Dubey raised moral and political concerns, saying, “…Is what is happening moral?… Sharad Pawar is not aware of anything… Maharashtra is not happy with what is happening… What is the reason for this haste?…”

Echoing similar sentiments, Sanjay Raut said he had also heard reports about Sunetra Pawar taking the oath but stressed that Maharashtra is still in mourning over Ajit Pawar’s death. He also slammed the BJP, saying that the party does politics over dead bodies. “Maharashtra has not yet recovered from the grief of Ajit Pawar’s death.”

Calling it their party’s choice, he added, “This is a decision of their party. Praful Patel is a national leader. Sunil Tatkare is also a national leader. If these national leaders have made a decision, then it is their choice.”

Pawar added that Ajit Pawar’s party is an independent faction, hence, “This is a decision within their party. Discussions took place, and a decision is being made.”

He further added, “The BJP is a party that does politics over dead bodies. While Ajit Pawar was alive, their coming together was possible…, but now I don’t know. I am commenting only on the events that have transpired in the BJP case.”

Rajya Sabha MP Priyanka Chaturvedi also hinted at possible pressure from the BJP due to their alliance in the Maha Yuti government in Maharashtra. “…Decision will be made by their (NCP) side, there must have been pressure by BJP too because they are together in Maha Yuti Govt there.”

However, she welcomed the decision that Sunetra Pawar will be the first woman Deputy CM of the state. “I welcome this”, hoping that, “in her new role, she will contribute towards the vision, thinking and commitment of Ajit Pawar for Maharashtra and take Maharashtra towards progress.”

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