JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---Rule, returnable forthwith. Respondents waive service. By consent, taken up for final hearing. Leave to amend granted.

2. A Co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, seeks to exclude persons other than Roman Catholics from its membership. The State Government, in the hierachy of appeal and revision provided under the Act, has come to the conclusion that to permit the society to follow the rule of exclusion which is contained in its Bye-laws would violate the basic precept of open membership accepted by the Act. The issue before the Court, therefore, is whether in its Bye-laws, a co-operative housing society, which the petitioner is, can confine membership to a particular religion, sect or group and exclude those who do not profess the religious faith which is a qualifying condition for membership.

3. The petitioner was formed and registered in 1925. The society owns certain lands situated at Chembur and these lands were divided into plots in pursuance of a sub-division which was sanctioned about 75 years ago. Individual allotment of plots to members is effected on the basis of registered agreements o

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