Case Note & Summary
The petitioner housing society challenged orders under Maharashtra Co-operative Societies Act, 1960 directing admission of respondent no. 1 as member -- Respondent no. 1 acquired Plot No. 62 through registered conveyance from original allottee and applied for membership -- The society denied membership citing unauthorized construction in open space and educational use of plot, alleging breach of lease conditions and land use restrictions -- The Deputy Registrar under Section 23(2) initially rejected society's objections, which decision was upheld by Revisional Authority -- The High Court dismissed the writ petition, holding that membership eligibility is governed by statutory provisions, not contractual conditions or land use issues -- The Court found respondent no. 1 complied with all statutory requirements and that alleged violations were separate matters under MRTP Act jurisdiction
Headnote
The High Court of Judicature at Bombay dismissed Writ Petition No. 5848 of 2019 filed by Girish Sahakari Griharachana Sanstha Maryadit challenging orders under Maharashtra Co-operative Societies Act, 1960 that directed admission of respondent no. 1 as society member -- The Court held that membership eligibility is governed by statutory provisions of Maharashtra Co-operative Societies Act, 1960 and Bye-laws, not by contractual conditions in lease deed or land use regulations -- The Court found respondent no. 1 acquired Plot No. 62 through valid registered conveyance dated 25 July 2014 and satisfied all requirements under Rule 19 of MCS Rules -- Alleged unauthorized construction and educational use of plot were held to be separate issues falling under MRTP Act domain, not valid grounds for membership denial -- The Court upheld Revisional Authority's order dated 12 January 2018 allowing respondent no. 1's revision application
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Issue of Consideration: The Issue of whether the petitioner housing society could validly deny membership to respondent no. 1 based on alleged unauthorized construction and non-residential use of plot
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Final Decision
The High Court dismissed the writ petition and upheld the Revisional Authority's order dated 12 January 2018 directing admission of respondent no. 1 as member of petitioner society
