BS RAJESH AGRAJIT Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed primarily seeking a direction to the Respondent No. 3-Returning Officer to allow only those members of the SCBA Co-operative Society who have cleared/paid their outstanding/dues of annual subscription to cast votes and contest the upcoming elections of the Society scheduled to be held on 18/1/2024.

(2.) Learned counsel for the Petitioner states that as per Rule 15(b) of the Bye-Laws of the SCBA Co-operative Society, 'no person shall be eligible for being or continuing as a member of the Society if he has defaulted in payment of any dues including contribution, subscriptions, if any, as may be decided by the Board of the Society from time to time.' He states that vide Circular dtd. 7/10/2023, members were directed to make payment of annual subscription for continuation of membership of the Society and for securing voting rights. The Circular dtd. 7/10/2023 is reproduced hereinbelow:-

(3.) Learned counsel for the Petitioner states as per Sec. 28 of the Multi-State Co-operative Society Act, 2022 ('MSCS Act'), 'no member of a multi-state cooperative society shall exercise the rights of a member, unless he has made the payment to the society in respect of membership, or has acquired such interest in the society, as may be specified in the bye-laws."