HARISH G BULCHANDANI Vs. SUBHASH MANCHARLAL ARORA

JUDGEMENT

(1.) NONE appears for the petitioner. Shri Joshi appears for the respondents 1 and 2.

(2.) THIS writ petition is directed against the order passed by the Dy. Registrar, Co-operatives Society, Nashik which was confirmed by the Divisional Joint Registrar, Nashik by its order passed under section 154 of the Maharashtra Co-operative Societies Act. The matter arises out of the refusal of admission to the membership of respondents to Deolali Co-operative Housing Society Ltd. , Lam Road, Deolali Camp. The said society had refused the admission to membership of the respondents 1 and 2. Against this refusal, the appeal was filed before the Dy. Registrar, Co-operative Society, Nashik and the said appeal was allowed by him and he directed the 4th respondent society to enrol the respondents as members. Against this order a revision has been filed by the petitioner, challenging this order before the Divisional Joint Registrar, Nasik and he dismissed the revision by confirming the order of the Dy. Registrar. It is in these circumstances, that the petitioner approached this Court by way of this writ petition.

(3.) THE petitioner was a seller of a plot No. 15. By an agreement entered in the year 1973, the plot No. 15 was to be sold to respondents for consideration of Rs. 8,000/ -. The entire consideration was paid through demand draft dated 10-3-1973. Both the authorities below have found that the petitioner had parted the possession of the plot No. 10 in favour of the respondents. After entering the possession of the property the respondents have done bore well in the said plot at their own expenses. In other words, the respondents were exercising all the rights of ownership, though the actual sale deed was not executed. It appears that the society refused the admission on the ground that no sale deed was executed. No sale deed in fact was produced along with the application. Before the authority, the society has not set up any case that non production of the sale deed is a violation under the provisions of the Act, Rules or By-laws. Therefore, the authorities below find no justification in refusing the admission to the respondents as members of the 4th respondent society. I find no illegality in the stand taken by the authorities below. Unless it is specifically shown that a person who was seeking a membership in the Co-operative society has not fulfilled any of the conditions laid down in the provisions of the Act, Rules or in the By-laws, no society can refuse the admission in a society. On a reading of section 23 it spells out clearly that unless a person seeking a membership in a society does not fulfil the condition laid down in the provisions of the Act, Rules or the By-laws, the society can refuse permission.