TALMAKIWADI CO OPERATIVE HOUSING SOCIETY LIMITED Vs. DIVISIONAL JOINT REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) HEARD all the learned Counsel; Shri Dharmaraj for the petitioner-society, Shri Jadhav Assistant Government Pleader for respondent Nos. 1 and 2 and Shri Bhadrashete for respondent No. 3.

(2.) THIS petition is filed by the Talmakiwadi Co-operative Housing Society Ltd. (for short "the Society" ). The society has been duly registered in accordance with the provisions of the Maharashtra Co-operative Societies Act, 1960 (for short "societies Act" ). It has challenged two orders namely the order dated 7th September, 1995 passed by the Deputy Registrar, Co-operative Societies respondent No. 2 and the appellate order dated 26th April, 1996 passed by the Divisional Joint Registrar, respondent No. 1 dismissing the societys appeal. In the result, the order dated 7th September, 1995 passed by the second respondent has been confirmed. Under the order dated 7th September, 1995 the second respondent has directed the society to amend its bye-laws. The order has been passed in exercise of the power vested in him under section 14 (2) of the Societies Act. A few facts necessary to appreciate the controversy may be stated.

(3.) THE society claims to have been registered under the erstwhile Bombay Co-operative Society Act, 1925 some time in April, 1941. It is a Housing Society and it has 10 buildings at Javji Dadaoji Marg, Tardeo, Mumbai. The 10 buildings have 240 tenements. Under the bye-laws of the society initially registered, bye-law No. 7 dealing with membership required that the members to be elected by the Committee to be the members of the society should belong to Kanara Saraswat community. Bye-law No. 7 read as under :