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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.

Crime

CISF seizes foreign currency worth Rs 1.13 crore at Kolkata airport

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Alert personnel of the Central Industrial Security Force (CISF) detected foreign currency worth approximately Rs 1.14 crore concealed in the hand baggage of two passengers bound for Bangkok at Netaji Subhas Chandra Bose International Airport, Kolkata.

The detection took place around 10:20 a.m. on October 19 during routine security screening at the International Terminal Security Hold Area. A CISF screener noticed suspicious images in the X-ray scans of the hand baggage carried by the two passengers scheduled to travel to Bangkok on Bhutan Airlines flight B3700. The bags were subsequently referred for physical examination.

During the inspection, CISF personnel recovered USD 1,19,900, equivalent to approximately Rs 1,13,64,002, concealed inside false bottoms of the two bags. The foreign currency had been wrapped in newspaper in an apparent attempt to conceal it from security personnel.

Of the total amount recovered, USD 74,900 was found in the hand baggage of one passenger, while USD 45,000 was recovered from the other passenger’s bag.

Following the prescribed formalities, both passengers, along with the seized currency, were handed over to the Air Intelligence Unit (AIU) of Customs for further investigation and necessary legal action.

On October 20, the passenger from whose baggage USD 74,900 was recovered was taken by AIU/Customs officials to the District and Sessions Court for further legal proceedings following the investigation and seizure. The second passenger was released by Customs after the issuance of a detention receipt for the USD 45,000 recovered from the passenger’s baggage.

CISF in a release reiterated its commitment to maintaining aviation security through effective screening procedures, alert surveillance and professional conduct by its personnel. According to officials, the detection stresses the importance of coordinated action between airport security personnel and Customs authorities in addressing suspected financial and currency-related violations.

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Crime

Gujarat: Man held after 0.77 grams of mephedrone found in ‘porter’ delivery parcel

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A 27-year-old businessman was arrested by Naroda police after 0.77 grams of suspected mephedrone, valued at Rs 1,540, was found in a parcel being delivered through the Porter application near Nana Chiloda Circle in Ahmedabad, police said on Wednesday.

The case came to light after police received a control-room message about a suspicious parcel that had arrived for delivery through the application.

The substance was examined preliminarily by a Forensic Science Laboratory (FSL) officer in the presence of panch witnesses and was found to be mephedrone, a synthetic drug.

Police seized the substance and initially registered an offence against three unidentified mobile phone holders under Sections 8(c), 22(a) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

During the investigation, they traced and arrested the man suspected of ordering the consignment through the parcel.

The accused was identified as Priyang Sanghvi (27). He is a businessman who lives in Aram Park Flats in the Sabarmati area of the city. He is originally from Shirodi village in Rajasthan’s Sirohi district.

According to the police, the suspected method involved using a mobile phone number belonging to a witness to log in to the Porter application.

Drug consignments were allegedly packed separately in zipper bags and sent through the delivery service. An intermediary was allegedly used to distribute the drugs to different customers for sale.

The police said the arrest followed instructions from senior officers to curb the illegal sale and transportation of narcotic substances and detect offences related to them.

“The operation was conducted by Naroda police personnel under the supervision of Senior Police Inspector B M Katariya,” officials said.

The police seized 0.77 grams of mephedrone, valued at Rs 1,540. The investigation concerns the alleged use of a parcel delivery application to transport the substance and its subsequent distribution through an intermediary.

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Crime

Bihar: 75-year-old man stabbed to death; woman and her son injured

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A 75-year-old man was allegedly stabbed to death, while a woman and her 25-year-old son were injured in a violent clash between neighbours at Rohda Kala village under Barharia police station limits in Bihar’s Siwan district on Wednesday.

The deceased was identified as Rama Nandan Prasad, son of the late Garib Bhagat.

The injured were identified as Baby Devi, 44, and her son Kishan Kumar, 25.

The injured were taken to the Barharia Community Health Centre for treatment. While Kishan received primary medical care, Baby Devi was referred to Siwan Sadar Hospital due to her critical condition.

According to Kishan Kumar, his grandfather was sitting outside the house drinking tea while his mother was cooking, and he was asleep.

Hearing a commotion, he went outside and found his grandfather lying in a pool of blood.

He then heard his mother crying from inside the house and rushed in, where he allegedly saw neighbours attacking her with knives. When he tried to intervene, he was also injured in the attack.

Kishan claimed that he had no prior dispute with the neighbours and said the reason for the attack was unclear.

With the help of residents, two alleged assailants were apprehended and handed over to the police.

After receiving information, the Barharia police reached the village and launched an investigation.

A Forensic Science Laboratory (FSL) team was also called to collect evidence from the scene.

The police have set up a camp in the village amid tension following the incident.

Barharia Station House Officer Chhotan Kumar said a patrolling officer was initially sent to the spot, after which he reached the village to investigate the incident.

He said an FIR has been registered against the named accused based on Kishan Kumar’s statement.

The two detained suspects are being questioned, while the motive behind the incident remains unclear.

Police said further action would be taken based on the investigation.

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