- (1.) RULE, returnable forthwith. Respondents waive service. By consent, taken up for final hearing. Leave to amend granted.
(2.) A Co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, seeks to exclude persons other than Roman Catholics from its membership. The State Government, in the hierachy of appeal and revision provided under the Act, has come to the conclusion that to permit the society to follow the rule of exclusion which is contained in its Bye-laws would violate the basic precept of open membership accepted by the Act. The issue before the Court, therefore, is whether in its Bye-laws, a co-operative housing society, which the petitioner is, can confine membership to a particular religion, sect or group and exclude those who do not profess the religious faith which is a qualifying condition for membership.
(3.) THE petitioner was formed and registered in 1925. The society owns certain lands situated at Chembur and these lands were divided into plots in pursuance of a sub-division which was sanctioned about 75 years ago. Individual allotment of plots to members is effected on the basis of registered agreements of lease executed between the petitioner and its members. The leases are invariably for a term of 99 years. The society consists of 98 plots which have been allotted to its members as lessees. The 5th respondent who is a member of the society, holds five shares bearing distinctive Nos. 233 to 237 and was allotted Plot Nos. 453 (Part) and 454 (Part) admeasuring 1051 sq. meters on lease. The 5th respondent, according to the petitioner, wrongly sought to transfer his interest in the leasehold property in favour of the 6th respondents. Respondent No. 6 has, in turn, assigned his interest to respondent Nos. 3 and 4 without the consent of the petitioner. The 7th respondent claims to be an assignee of a part of the premises from the 6th respondent. After documents were executed in favour of the 3rd and 4th respondents, they filed an application claiming membership of the society. The application was filed before an Administrator who at the material time was placed in charge of the management of the society. The Administrator rejected the application for membership on the ground that the transferees were not Roman Catholics by faith and that, therefore, they were not qualified to be members of the society. After the Administrator refused the application for membership of the 3rd and 4th respondents, they moved the Deputy Registrar, Co-operative Societies under the provisions of section 23 (2) of the Act. On 26th July, 1994, the Deputy Registrar allowed the appeal and directed that the 3rd and 4th respondents be admitted as members of the society. The society preferred a revision application under section 154 of the Act before the Divisional Joint Registrar of Co-operative Societies who, by an order dated 31st January, 1996 dismissed the revision. The society once again moved the State Government in revision and the ssecretary (Co-operation), by the impugned order dated 17th April, 2000, affirmed the orders passed by the authorities below. The society seeks to challenge in these proceedings the order dated 17th April, 2000 passed by the Secretary (Co-operation ).;