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.

Mumbai, Oct 7: Indian stock markets continued their upward trend on Tuesday, supported by buying in major stocks such as ICICI Bank, ITC and more.

However, profit booking in select banking stocks limited the overall gains during the early trading hours.

The Sensex, which rose more than 100 points in early trade, was trading at 81,843, up 52 points or 0.06 per cent.

The Nifty also gained 34 points or 0.14 per cent to reach 25,112 after hitting an intra-day high of 25,140.

Among the top gainers on the Sensex were Power Grid, Bajaj Finance, HCL Tech, Bharti Airtel, ICICI Bank, Ultratech Cement, NTPC, Hindustan Unilever, Bajaj Finserv, and BEL, which rose between 0.3 per cent and 1.6 per cent.

On the other hand, Trent, Axis Bank, Tata Motors, TCS, SBI, Kotak Bank, Tech Mahindra, HDFC Bank, and Infosys were among the major losers, slipping up to 2.7 per cent.

In the broader market, the Nifty MidCap index gained 0.08 per cent, while the Nifty SmallCap index rose 0.41 per cent — showing continued interest from investors in smaller companies.

Among sectoral indices, Nifty Metal and Nifty IT were the top performers, each gaining 0.4 per cent.

The Nifty PSU Bank index was the worst hit, falling 0.3 per cent due to profit booking in public sector lenders.

Analysts said that overall market sentiment remains positive, though some volatility may persist due to profit-taking at higher levels.

“The ongoing mild rally in the market has the potential to gain momentum. The FII selling in India is slowly declining since the sharp appreciation in other markets has pushed up their valuations and the valuation differential between India and other markets has come down,” analysts said.

“Since there is huge short position in the market any positive news can trigger short-covering, further aiding the rally,” they added.

Mumbai: Mumbai woke up to a cloudy and humid morning on Tuesday following light drizzles overnight across several parts of the city and its suburbs. According to the India Meteorological Department (IMD), light to moderate rain is likely in isolated areas of Mumbai, Thane and Palghar throughout the day.

A yellow alert has been issued for both Thane and Palghar districts, warning of intermittent rainfall accompanied by cloudy skies. While Mumbai experienced relatively stable weather over the past week, the alert suggests that the city could witness light to moderate spells during the afternoon and evening hours.

In Mumbai, temperatures are expected to range between 26°C and 31°C. Despite the occasional drizzle overnight, high humidity levels will make conditions feel warmer and uncomfortable. The weather department has advised citizens to remain cautious and carry umbrellas, as light rain could occur unexpectedly in several areas.

Thane, under the yellow alert, saw overcast conditions since early morning. Meteorologists anticipate heavier rain spells in the afternoon, with a few areas possibly recording intense showers. Daytime temperatures are likely to stay between 25°C and 30°C. Navi Mumbai is set to witness similar weather conditions.

In Palghar, the IMD predicted a higher probability of rainfall. Early morning saw drizzle and humid conditions across several parts of the district. The rain intensity is expected to increase in the latter half of the day, with temperatures ranging from 24°C to 29°C.

Meanwhile, the coastal districts of Raigad, Ratnagiri, and Sindhudurg are likely to remain dry today. These regions, which witnessed intermittent light rain over the past week, are expected to experience stable weather and partly cloudy skies. The IMD forecast suggests no significant rainfall activity, with temperatures hovering between 27°C and 32°C. Coastal areas, however, may continue to feel warm and humid due to prevailing moisture in the air.