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RAJESH S. PATIL
Blue Haven Co-op. Housing Society Ltd. – Appellant
Versus
State of Maharashtra, Through the Secretary to the Government of Maharashtra, Dept. of Cooperation – Respondent
JUDGMENT :
1. This Writ Petition is filed by a tenant co-partnership housing society, challenging concurrent findings of the impugned (i) judgment and order dated 30th April, 2011 passed by the Divisional Joint Registrar, Co-operative Societies, Division Mumbai and (ii) judgment and order dated 17th November, 2008 passed by the Deputy Registrar, Co-operative Societies “D” Ward, Mumbai; whereby the proposed amendments to the Bye-laws of Petitioner No.1 society was rejected.
FACTS
2. Petitioner No.1 housing society is registered on 29th March, 1963. Petitioner no.2 is the secretary of the Petitioner no.1 society. The said society was holding a free hold land on which the building “Blue Haven” was constructed through a developer. In all there are 66 members of this residential housing society. At the time of registration the Petitioner no.1 society approved and registered Bye-laws made by the promoter members.
3. On or about 16th January, 1989, the petitioner society adopted the Model Bye-laws. Relevant part of such Bye-laws under chapter VII, clause 17 (a) & (b) read as under:-
Co-operative society cannot refuse membership under Section 23 of MCS Act on grounds of non-residential use, lease prior consent breach, or unauthorised construction unless expressly disqualifying un....
Membership in co-operative housing societies cannot be denied without timely communication of the decision, and disputes regarding dues do not preclude admission.
Membership in cooperative societies must strictly adhere to the sanctioned plan, and no membership can exceed the statutory limits established by law.
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
The court determined that membership restrictions under Section 28 of the Maharashtra Co-operative Societies Act do not bar property ownership by a member and were excluded for housing societies, all....
A co-operative society can challenge membership decisions if it demonstrates legal or financial harm, while individual members have standing to contest eligibility determinations impacting their righ....
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