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SANGEETA K. VISHEN
Lokeshbhai Vishnubhai Patel – Appellant
Versus
Patidar co-operative housing society limited – Respondent
JUDGMENT :
With the consent of learned advocates appearing for the respective parties, the captioned petitions are taken for up final disposal.
2. Issue Rule, returnable forthwith. In Special Civil Application nos.23417 of 2017, 23418 of 2017 and 13434 of 2023, Mr P. S. Champaneri, learned advocate, Mr C. P. Champaneri, learned advocate, Mr Meet M. Thakkar, learned Assistant Government Pleader and Mr Dipan Desai, learned advocate waives service of notice of Rule on behalf of respective respondents in the respective writ petitions and in Special Civil Application no.16601 of 2023, Mr Mit S. Thakkar, learned advocate and Mr Meet M. Thakkar, learned Assistant Government Pleader waives service of notice of Rule on behalf of respective respondents.
3. The issue; the challenge and the grievances raised in the captioned writ petitions are interconnected and to an extent overlapping; therefore, owing to the commonness, all the writ petitions are heard analogously and are being disposed of by this common judgment.
4. The gist of challenge in the respective writ petitions, is set out hereunder for ready reference:-
The court affirmed that members must challenge resolutions to preserve their rights, and the Registrar's approval of amendments is valid if compliant with the Act and Rules.
The court determined that the specific procedure under Rule 6 applies to registrar-directed amendments to cooperative society bye-laws, requiring only a majority vote without deliberation, affirming ....
The court established that the Administrator Committee cannot initiate amendments to bye-laws, which is the exclusive function of the Managing Committee, but the petition was dismissed due to alterna....
If Registrar is satisfied that any matter, referred to him is a dispute, within the meaning of Section 96 the Registrar shall, subject to the rules, decide the dispute himself, or refer it for dispos....
Where orders are passed condoning the delay, they are discretionary orders and ought not to be interfered with.
The main legal point established in the judgment is that Sub-section (1-A) of Section 4 of the Societies Registration Act, 1860 provides for an appeal against an order made under Section 4 of the Act....
An appellant challenging membership eligibility must pursue resolution under specific provisions of the Cooperative Societies Act, not through general dispute mechanisms.
The court clarified that statutory bar under Order VII Rule 11(d) requires clear prohibition for dismissal, emphasizing the distinction between jurisdiction and maintainability.
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