Effect to document executed by dis-qualified person

Ashok Kuvadia (Querist) 25 December 2012 This query is : Resolved
Our co-operative Housing Society's committee members executed Development Agreement with builder. The date on which they had executed said Development Agreement they were deemed dis-qualified as comm. member u/s- 73 (1AB) of Maharashtra Co-operative Society's Act & Rule, since they not executed Indemnity Bond which was mandatory to execute.

(1) Is the documents executed by dis-qualified comm. members considered as ab-initio illegal, null & void ?

(2) Is there any Supreme Court Judgments / Orders wherein Court has held that documents executed by dis-qualified person is to be treated illegal, null & void and it does not have any effect ? Is there any relevant citation of S.Court ?

(3) Now Govt. of Maharashtra by its GR have from its date of issuance exempted the Co-operative Housing Society comm. member from aforesaid mandatory provision of execution of Id.Bond.
--> Will this exemption have any reverse effect on earlier dis-qualification and on their execution of documents ? Will it again going to be treated as legal ?

Experts are humbly requested to throw light.

Regards.

Follow Query

Report Abuse