TALMAKIWADI CO OPERATIVE HOUSING SOCIETY LIMITED Vs. DIVISIONAL JOINT REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) HEARD all the learned Counsel; Shri Dharmaraj for the petitioner-society, Shri Jadhav Asstt. Govt. Pleader for respondent nos.1 and 2 and Shri Bhadrashete for respondent no.3

(2.) THIS petition is filed by the Talmakiwadi Cooperative Housing Society Ltd. (for short "the Society"). The society has been duly registered in accordance with the provisions of the Maharashtra Cooperative Societies Act, 1960 (for short "Societies Act".). It has challenged two orders namely the order dated 7th September, 1995 passed by the Deputy Registrar, Cooperative Societies - respondent no.2 and the Appellate order dated 26th April, 1996 passed by Divisional Joint Registrar, respondent no.1 dismissing the society's appeal. In the result, the order dated 7th September, 1995 passed by the second respondent has been confirmed. Under the order dated 7th September, 1995 the second respondent has directed the society to amend its byelaws. The order has been passed in exercise of the power vested in him under sec. 14(2) of the Societies Act. A few facts necessary to appreciate the controversy may be stated.

(3.) UNDER the impugned orders it has been directed that the petitioner society should amend byelaw no.7 so as to delete the requirement of a member belonging to the Kanara Saraswat community. Under the amendment, as directed, it has been provided that: (a) a person who is competent to enter into contract under the Indian Contract Act, 1872 would be eligible to become a member subject to his fulfilling certain requirements; (b) a minor or a person of unsound mind, inheriting share or interest of the society may be eligible for admission through his guardian or legal representative subject to certain conditions being fulfilled and (c) the admission to a person as a member of the society was to be subject to the approval of the Collector of the District if the society had been given land by the Government. The point to be emphasised is that the requirement of a member belonging to the Kanara Saraswat community was dispensed with under the amended byelaw. The reason given in the impugned order why amendment was considered necessary is as under :