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:-

17. (a) An individual, who is competent to contract under the Indian Contract Act, 1872 and who resides or inten