HARESH G BULCHANDANI Vs. SUBHASH ARORA

JUDGEMENT

(1.) WRIT Petition No. 2094 of 1994 was disposed of on merits on 4th February, 1999 (reported in 1999 (2) Bom. C. R. 462) on that day, Counsel for the petitioner was absent. However, Counsel for respondent Nos. 1 and 2 was duly heard. The learned Counsel for the petitioner now filed an application for Review for reviewing the judgment. He submits that certain material points have not been considered in the judgment.

(2.) THE controversy in the writ petition is that the respondent Nos. 1 and 2 were refused submission as member to the 4th respondent society. They sought to be enrolled in place of the petitioner who entered into an agreement for sale of Plot No. 15 with respondent Nos. 1 and 2. Against refusal of admission, respondent Nos. 1 and 2 filed an application before the Deputy Registrar assailing the decision of the Society. The Deputy Registrar of Co-operative Society on 23-10-1991 set aside the decision of the society and directed respondent No. 1 society to enroll them as member. Against that decision petitioner filed Revision before the Divisional Joint Registrar and Divisional Jt. Registrar Nashik also confirmed the order of the Deputy Registrar and this order is under challenge in this writ petition. During the course of argument of the Review Application, it has come to my notice that certain other extraneous circumstances also were taken into account while application of respondent Nos. 1 and 2 was considered by the Deputy Registrar and Divisional Jt. Registrar. It appears that the on going dispute between the petitioner and respondent Nos. 1 and 2 in respect of agreement to sell Plot No. 15 has linked with the enrolment of respondent Nos. 1 and 2 as member. Though I am not going into the details of the dispute between the parties, the person who claims to become a member, must satisfy that he is not under any disqualification prescribed under the provisions of Maharashtra Co-op. Society Act and Rules made thereunder and Bye-laws of the society and other circulars issued in consistent with the Act and Rules. The membership of the citizen cannot be rejected by the society if is having qualification laid down under the Act, Rules and Bye-laws. On the reading of the revisional order, it appears that the revisional authority as well as Deputy Registrar has gone into or made certain observations about dispute between the petitioners on the one hand and respondent on the other hand regarding agreement to Sale of Plot No. 15. This is quite unnecessary. The person who was to become member of a society, would himself show that he is entitled to become a member independent of any dispute with any other member. In view of the above, application of the respondent Nos. 1 and 2 should require reconsideration by the society afresh. The order passed by this Court on 4th February, 1999 is therefore, set aside and the Review application is allowed.

(3.) ACCORDINGLY, the matter is remanded back to society for consideration of the application of respondent Nos. 1 and 2 for the membership. In view of this, the order passed by the Deputy Registrar on 23-10-1991 and Divisional Jt. Registrar of Co-operative society on 8-3-1994 are hereby set aside. The society should take decision on the membership of the respondent No. 1 and 2 untrammelled by any observations made by the Deputy Registrar or Revisional Authority within a period of three months from today. Matter remanded back.