- (1.) Leave granted.
(2.) We have heard learned counsel on both sides.
(3.) This appeal by special leave arises from the order dated November 8, 1993 made in Appeal No. 790/93 by the Bombay High Court. The admitted facts are that a society by name Navyuvak Harijan Utthapan Multi Unit Industrial Co-op.Soceity Ltd. was formed on June 7, 1979. It was registered under the Co-operative Societies Act for industrial purpose. The Government have allotted to the said Society two acres of land at Bhandup (East). Survey No. 246(pt) of Kanjur village for construction of housing colony for accommodating the members of the Society at concessional rates keeping in view the welfare of the Harijan community. This order came to be passed by the Government of India on January 18, 1995. It would appear that originally the membership of the society consisted on 28 members belonging to Scheduled Castes (for short, 'Dalits') and 5 O.B.C. members. It is not in dispute that as per the bye-laws the membership should consists of 80% dalits and 20% others. Originally, the membership was intended to be 112. Consequently, 90 members should be dalits and 22 members should be non-dalits. It is now an admitted position that the respondent-society does not have 90 dalits members as per the bye-laws. It would appear that one Bal Krishna, who was then the president of the society, had invited applications for enrolment. Consequently, 78 persons are said to have made applications for enrolment. It would appear that the Registrar of Co-operative Societies had directed the society to enrol all of them as members of the society. When the appellant, a member, had objected to the same, the objection was overruled, which was ultimately negatived by the High Court directing that all the 78 persons are directed to be enrolled as members of the society. Thus this appeal by special leave. Shri A. K. Srivastava, learned counsel appearing for 78 persons and for the builder contended that no corresponding amendment to the bye-laws of the society was made to the effect that members of the society should consist of 90 dalits and 22 others. In its absence, the High Court was right in directing to enrol non-dalit members as members of the society. We are unable to appreciate the stand.;