Are members with more than 2 kids allowed to hold position as committee member or chair person in a housing society? What issue may arise if such person becomes a committee member or a chairperson in a housing society as per the MCS laws of housing society?

Under the Maharashtra Cooperative Societies (MCS) Act, there's a specific provision that may restrict individuals with more than two children from holding positions of authority, such as a committee member or chairperson, within a housing society. If a person with more than two children assumes such a role, it could lead to several issues:

1. Non-Compliance with MCS Act: The primary issue is the breach of the specific provisions of the MCS Act, which could question the legality of the appointment and the decisions made by such a committee.

2. Legal Challenges: The society could face legal challenges or objections from other members, questioning the validity of the committee's decisions and actions taken under the leadership of a person not eligible as per the MCS laws.

3. Governance Issues: It might lead to governance issues within the society, as adherence to laws and bylaws is critical for the smooth operation of a housing society. Ignoring such rules can set a precedent for overlooking other regulations, leading to mismanagement.

4. Reputational Damage: The society might suffer reputational damage among its members and potentially in the broader community for failing to comply with statutory requirements, which can affect the trust and harmony among the society members.

5. Potential for Conflict: This situation could lead to conflicts within the society, as members who are aware of the MCS Act's stipulations might oppose the appointment, leading to disputes and unrest within the community.

6. Undermining Rule Adherence and Equity: Appointing an individual who doesn't comply with the state or MCS stipulations regarding family planning norms as a committee member or chairperson could be perceived as showing disrespect to those who abide by the rules. This can create a sense of injustice among members who follow the guidelines and make sacrifices to adhere to state policies. Moreover, it undermines the principle of equity, as it privileges individuals who disregard legal requirements, potentially demoralizing members who observe the norms and expect the same from their leaders. This disregard for the law not only affects the society's internal harmony but also sets a concerning precedent about the society’s stance on rule adherence and fairness, impacting the community's morale and trust in its governance structure.

Overall, ensuring that committee members and chairpersons are eligible under all aspects of the MCS laws is crucial for the legal and harmonious functioning of a housing society.

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