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High Court Of Calcutta
Pranab Kumar Chattopadhyay
INDRANI WAHI - Appellant
Versus
REGISTRAR, WEST BENGAL CO-OPERATIVE - Respondent
W. P. 33 (W) Of 2004
Decided On : 03/24/2004
CO-OPERATIVE SOCIETY - MEMBERSHIP - NOMINATION - INTERPRETATION OF 'FAMILY' - WHETHER MARRIED DAUGHTER CAN BE INCLUDED AS FAMILY MEMBER - WEST BENGAL CO-OPERATIVE SOCIETIES ACT, 1983, SEC. 13(2), SEC. 79 - WEST BENGAL CO-OPERATIVE SOCIETIES RULES, 1987, RULE 127.
Fact of the Case:
The petitioner challenged the decision of the respondents, a co-operative housing society, not to approve her membership in the society on the ground that the nomination made by her late father was not in terms of Section 79 of the West Bengal Co-operative Societies Act, 1983 and Rule 127 of the West Bengal Co-operative Societies Rules, 1987, as she was a married daughter and not a member of her father's family.
Finding of the Court:
The court held that the definition of 'family' under the West Bengal Co-operative Societies Rules, 1987 includes married daughters, and that the respondents had misconstrued the provisions of the Act and Rules in refusing to accept the nomination made by the petitioner's late father in her favor.
Issues: 1. Whether a married daughter can be included as a member of her father's family under the West Bengal Co-operative Societies Act, 1983 and the West Bengal Co-operative Societies Rules, 1987. 2. Whether the respondents were correct in refusing to accept the nomination made by the petitioner's late father in her favor.
Ratio Decidendi: 1. The court interpreted the definition of 'family' under the West Bengal Co-operative Societies Rules, 1987, which includes major sons and daughters, to mean that married daughters are also included in the definition of family. 2. The court held that the respondents had misconstrued the provisions of the West Bengal Co-operative Societies Act, 1983 and the West Bengal Co-operative Societies Rules, 1987, in refusing to accept the nomination made by the petitioner's late father in her favor, as the provisions do not specifically exclude married daughters from the definition of family.
Final Decision: The court allowed the writ petition and directed the respondent Deputy Registrar of Co-operative Societies to grant necessary approval of the petitioner's membership within two weeks from the date of communication of the order, and the competent authority of the co-operative housing society to regularize the petitioner's membership within two weeks from the date of receipt of formal approval of membership from the Deputy Registrar.
( 1 ) THE petitioner herein has filed this writ petition challenging the decisions of the respondents regarding non-approval of membership of the petitioner in the Sarobar-View Co-operative Housing Society Limited on the ground that the nomination made by the late father of the petitioner was not in terms of Section 79 of the West Bengal Co-operative Societies act, 1983 and Rule 127 of the West Bengal Co-operative Societies Rules, 1987.
( 2 ) THE parties herein have raised an important issue before the Court relating to the definition of 'family' under the West Bengal Co-operative societies Rules, 1987 and more precisely whether the definition of 'family' shall also include married daughters under the said West Bengal Cooperative societies Rules, 1987.
( 3 ) THE factual aspects of this matter are briefly narrated hereinafter.
( 4 ) THE father of the petitioner Late B. R. Sengupta was a member of the Sarobar View Co-operative Society Ltd. (hereinafter referred to as the 'the Society') and was allotted a flat in the housing complex of the Society. The Society is registered under the West Bengal Co-operative Societies act, 1983 (hereinafter referred to as the 'said Act' ).
( 5 ) IN accordance with the provisions of the said Act and the West bengal Co-operative Societies Rules (hereinafter referred to as the 'said rules'), the petitioner's father had nominated the petitioner as his nominee in respect of his share and interest in the Society. Consequently, the name of the petitioner was recorded in the register of members of the Society as the nominee of Late B. R. Sengupta.
( 6 ) THE father of the petitioner died on 22nd July, 2003. The petitioner intimated the society about the death of her father.
( 7 ) BY a letter dated 13th November, 2003, the Secretary of the Society informed the petitioner that she could not be admitted as a member of the society inspite of the nomination of her father as the said petitioner being the married daughter cannot be accepted as a member of the family of her deceased father. The Secretary of the society also forwarded a copy of the letter issued by the Deputy Registrar of Co-operative Societies (Housing) dated 11th November, 2003 in this regard wherein the said Deputy registrar specifically held that the nomination made by the late father of the petitioner in her favour cannot be accepted on the alleged ground that the said nomination was not valid in terms of Section 79 of the West Bengal co-operative Societies Act, 1983 read with Rule 127 of the West Bengal co-operative Societies Rules, 1987.
( 8 ) SCRUTINISING the aforesaid written communication of the Deputy registrar of the Co-operative Societies dated 11th November, 2003 and the subsequent written communication of the Secretary of the Society dated 13th November, 2003, it appears that the real issue raised in this petition is whether the family of a deceased member can also include a married daughter under the provisions of West Bengal Co-operative Societies Act, 1983 and the West Bengal Co-operative Societies Rules, 1987. The relevant provisions of the said Co-operative Society Act, 1983 and Rules, 1987 are quoted hereinbelow : sec 13. Application for registration. (2) Where an application for registration of a Co-operative Society and its by-laws is made by individuals, the number of applicants shall not be less than ten, each of whom shall belong to a different family. Explanation.- For the purpose of this sub-section, a family shall be deemed to consist of husband, wife, minor sons and daughters, dependent widow of a pre-deceased son, minor sons and daughters of a dependent widow of a pre-deceased son and husband's dependent parents. " "sec. 79. Nomination of transferee. Subject to the by-laws of a co-operative society, any member of such co-operative society, may in accordance with the rules nominate a person in whose favour the co-operative society shall dispose of the share or interest of such mem
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