Imagine you're suddenly thrust into the heart of an institution, a society committee. It’s supposed to be about maintaining the community—simple tasks, easy decisions. But the complexity of governance lurks beneath the surface, and if you ignore it, it could collapse in an instant.
Case Study: Garden View Society, Vashi. Rajneesh Vasant Sawant, a resident of 33 years, was once part of such a system. But over time, the board of this housing society turned into something darker than a mere management team. They didn’t just collect maintenance fees or fix the occasional plumbing issue. No, they played with fire.
They made decisions without the legal framework. They thought they were invincible—operating outside the law’s reach, certain that no one would challenge them. Then came the inevitable crash. The law caught up.
A simple check: Did the committee follow the Maharashtra Cooperative Societies Act?
No. Were they elected in a legally sound manner? No. Did they think their unchecked power would last forever? Absolutely.
But Rajneesh wasn’t about to accept this fate. After years of harassment, exclusion from meetings, and public humiliation, he took the ultimate step. He started digging into the society’s records. What did he uncover? Misuse of funds, fake documents, and a committee operating illegally from the very start.
At this moment, Rajneesh had two options: Walk away, or fight back. The choice was clear. He took his findings to the police, and when they didn’t act, he turned to the legal system. He filed for a criminal investigation under CRPC 156(3). The court responded, and the law did what it’s meant to do—deliver justice.
A few months later, the committee members, now facing over 15 legal charges for their mismanagement, were left to reckon with their decisions. Had they simply followed legal counsel from the start, it would have been a different story. Instead, they tried to bypass the system, believing they could escape without consequence. But in the world of law, consequences always catch up.
The takeaway from this? Legal advice isn’t just an added cost. It’s a safeguard. The committee’s failure to take proper legal counsel was the exact reason they found themselves in deep legal trouble. It’s like driving a car without brakes: the outcome is almost inevitable.
In the world of society management, avoiding legal guidance is not just risky—it’s reckless. And as Rajneesh's case proves, the law always catches up, and when it does, it’s unforgiving.
If you manage a housing society, get legal advice. Don’t wait for things to unravel. Because, in the end, the law is never on your side unless you respect it.
Chinmay Jawale
Advocate, Bombay High Court
8454934770
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