Despite a government resolution, officials continue to rely on in-person hearings due to an abject lack of infrastructure and manpower. The order, passed in a public interest litigation by RTI activist Shailesh Gandhi, mandated online mechanisms for quasi-judicial bodies
Cooperative departments, which receive 100-plus monthly complaints per office, struggle to adopt mandated video hearings. Representation pic/iSTOCK
The state government has introduced a new Complaint Redressal Mechanism for cooperative housing societies through a recent government resolution (GR). It requires District Co-operative Registrars, Joint District Co-operative Registrars, and Deputy District Co-operative Registrars to conduct hearings via video conferencing. While aimed at reducing travel time, improving efficiency, and offering convenience, housing activists claim the GR has yet to be implemented in cooperative departments.
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An eyewash
“It is a welcome move, but the irony is that the cooperative department has not followed the GR or implemented the Bombay High Court’s January 5, 2022, order,” said CA Ramesh Prabhu, chairman of MahaSEWA. The order, passed in a public interest litigation by RTI activist Shailesh Gandhi, mandated online mechanisms for quasi-judicial bodies.
RTI activist and former Central Information Commissioner Shailesh Gandhi
“The GR is meaningless without implementation. Litigants remain clueless about filing complaints, presenting evidence, joining video hearings, or accessing technical support for troubleshooting issues,” Prabhu added.
Over 100 complaints
Each of Mumbai’s 24 municipal ward offices has a cooperative assistant or deputy registrar office, which receives 100 to 150 complaints monthly from members of cooperative housing societies. Issues include elections, corruption allegations against managing committees, leakages, parking disputes, and conflicts between members and office bearers. “The state has 36 districts and over 340 talukas, each with a cooperative department office,” explained Prabhu.
Asked why online hearing directives are not implemented, Prabhu said, “The cooperative department seems unwilling to act, and the state government shows no urgency to enforce these directives. Officials cite a lack of infrastructure and manpower for online hearings. They prefer personal hearings, requiring both complainants and defendants to appear physically. This demonstrates the government’s failure to adhere to high court directives.”
Plea filed in public interest
RTI activist and former Central Information Commissioner Shailesh Gandhi told mid-day, “During COVID-19, people adapted to working online from home, proving it’s feasible. We believed online services should extend to all quasi-judicial bodies.” Gandhi noted that even during his tenure in 2009-2010, online hearings through the NIC network saved time, money, and effort for both officials and citizens. “Despite our efforts to push for implementation, the government ignored us, forcing us to move the Bombay High Court in 2020.”
Court orders ignored
Gandhi added, “The Bombay High Court supported our plea, directing the state to adopt online hearings. While GRs were issued, the system remains largely unimplemented after two years. It feels as if officials treat these GRs as ‘toilet paper.’”
Housing federation reacts
“The state government, through its notification dated October 13, 2020, directed that quasi-judicial administrative hearings and proceedings be conducted via video conferencing. The Hon’ble Bombay High Court, in its judgment on January 5, 2021, further directed the expediting of such hearings post-pandemic. Accordingly, the cooperation department issued a circular on December 13, 2024, allowing parties to request online hearings,” said Advocate Shreeprasad Parab, expert director, Maharashtra State Housing Federation.
Portal ‘Sahakar Samvad’
“Under the principle of ‘Audi Alteram Partem,’ every party has a fundamental right to a fair hearing. To uphold this, the cooperative department and the Maharashtra State Cooperative Housing Federation launched the portal ‘Sahakar Samvad,’ enabling complainants to file cases online. The SOP is uploaded on the portal, which now aims to publish officers’ daily boards online. Suggestions include making all hearings online and integrating departments for matters like deemed conveyance and redevelopment, advancing the Single Window System concept,” Parab added.
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