JUDGMENT

S.B. SINHA, J.—

1.Leave granted.

2.Interpretation of Section 27 of the Maharashtra Cooperative Housing Societies Act, 1960 (1960 Act) vis-a-vis Bye Laws of the Merry Niketan Co-operative Housing Society Ltd. is in question in this appeal which arises out of a judgment and order dated 30th April, 2004 passed by a Division Bench of the Bombay High Court whereby the writ petition filed by the respondents herein declaring that each member of the society will have a separate vote was allowed.

3.Respondent No.17 is a Group Housing Cooperative Society. Contesting parties hereto are its members. Some of the members of the said Group Housing Cooperative Society are members of the same family. They were, however, admitted to the membership of the Society without any reservation whatsoever.

4.The dispute which arose amongst the members of the Society started with preparation of voter list. A provisional list of voters was published by the Managing Committee of the Society on 22nd January, 2004 showing the names of 35 members. However, a resolution was adopted by the Managing Committee to prepare a final list of members eligible to vote on the purported basis of bye-laws 8(a), 9(a) and 9(b