The Bombay High Court has dismissed a writ petition filed by Girish Sahakari Griharachana Sanstha, Pune, challenging orders of cooperative authorities directing the society to admit a plot purchaser as its member, holding that membership cannot be denied on grounds not recognised under the Maharashtra Co-operative Societies Act or the society’s bye-laws.
The dispute concerned a Plot in a tenant-ownership housing society, which was originally allotted on a leasehold basis in 1985. The respondent claimed rights in the plot through a registered deed of assignment executed in 2014 and sought membership of the society, which was refused on grounds including alleged unauthorised construction, intended educational use of the property, and absence of prior consent for transfer under the lease deed.
Upholding the revisional authority’s decision, Justice Amit Borkar held that eligibility for membership under Section 23 of the Act must be determined strictly with reference to statutory provisions, rules and bye-laws, and alleged non-residential use of land, unauthorised construction, or breach of lease conditions cannot, by themselves, justify refusal of membership in the absence of a specific statutory or bye-law disqualification.
The Court clarified that issues relating to land use, municipal violations, or breach of contractual lease terms fall within distinct statutory regimes and may invite appropriate action under planning or municipal laws, but cannot be used by a housing society to defeat a statutory right to membership arising from a valid registered conveyance.
Finding no jurisdictional error in the orders passed by the cooperative authorities, the Court dismissed the petition and upheld the direction to admit the respondent as a member of the society.
Appearances
Mr. S.S. Patwardhan with Mr. M.A. Shelar, Mr. A.V. Hardas, Mr. Aaroh Kulkarni, and Mr. Anuragh S. Patwardhan for the petitioner.
Mr. Anil Sakhare, Senior Advocate with Mr. Aadesh M. Patil for respondent No.1. Mr. Bapusaheb B. Dahiphale, AGP for respondent Nos.2 and 3-State.
