Case Law Analysis
|Bombay High Court
Section 75(5) MCS Act | Disqualification Applies Only to Statutorily Appointed Committee Members, Not De Facto Functionaries : Bombay HC
The Bombay High Court has ruled that disqualification under Section 75(5) of the Maharashtra Cooperative Societies Act requires formal legal office-holding, not mere de facto control after tenure expiry. This sets a vital precedent for cooperative societies, protecting former members from retrospective liability and reinforcing statutory compliance over functional continuity.