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SUBHASH VIDYARTHI
Garden View Owners Welfare Association – Appellant
Versus
Dy. Registrar Firms Societies and Chits Lucknow – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Ankit Srivastava, the learned counsel for the petitioners, Sri Laxmi Mohan Khare, the learned Standing Counsel for the State, Sri Vijai Krishna, the learned counsel for the opposite parties no. 2 and 3 and perused the records.
2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner no. 1-Garden View Owners Welfare Association and petitioner no. 2 – Sri. Sudhir S. Halwasiya, Secretary, Garden View Owners Welfare Association, have sought quashing of an order dated 06.02.2015, passed by the Deputy Registrar, Firms, Societies and Chits, Lucknow Division, Lucknow, whereby the petitioner no. 2 has been directed to make all the flat owners of Garden View Apartments, 8 Rana Pratap Marg, Lucknow members of the petitioner no. 1 association, which is a society registered under the Societies Registration Act, 1860. The flat owners, who have not paid the membership fee or annual subscription were directed to deposit the same in the society’s account within one month. The petitioner no. 2 has been directed to deposit the one time maintenance amount charged at the time of execution of sale deeds of apartme
Flat owners have a statutory right to membership in the society under the Apartment Act, and the Deputy Registrar has the authority to enforce this right.
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
The court affirmed that only flat owners can manage a co-operative housing society, and the Deputy Registrar acted within jurisdiction under Section 78A of the Maharashtra Co-operative Societies Act,....
Point of Law : Parties could not have been relegated to avail the remedy provided under Section 25 (1) of the Act. In fact, the Deputy Registrar in the order impugned was not concerned only with elec....
The Assistant Registrar lacked jurisdiction to review prior decisions regarding membership induction, and the failure to notify affected members violated natural justice principles.
Membership entitlements under cooperative society laws can be upheld even with delayed contributions if ratified by the society's governing body and presence of equitable factors.
The Deputy Registrar lacks jurisdiction to adjudicate membership and ownership disputes under Section 154B-27 of the Maharashtra Cooperative Societies Act, which only allows for enforcement of existi....
The court ruled that the failure of a society to produce necessary records should not disadvantage members claiming valid induction, emphasizing the importance of proper documentation in membership d....
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