1 Wp7309.10 to 7327.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7309 OF 2010 Vilas Ganpat Kadam. .. Petitioner Vs Shri Vinod T. Malwankar & Ors. .. Respondents -- AND WRIT PETITION NO. 7310 OF 2010 Vilas Ganpat Kadam. .. Petitioner Vs Shri Bhushan P. Raut & Ors. .. Respondents -- AND WRIT PETITION NO. 7311 OF 2010 Vilas Ganpat Kadam. .. Petitioner Vs Shri Dilip V. Haldankar & Ors. .. Respondents AND WRIT PETITION NO. 7312 OF 2010 Vilas Ganpat Kadam. .. Petitioner Vs Shri H.G. Washindkar & Ors. .. Respondents AND WRIT PETITION NO. 7313 OF 2010 Vilas Ganpat Kadam. .. Petitioner VS Shri Mahendra D. Mondkar & Ors. .. Respondents 2 Wp7309.10 to 7327.10 AND WRIT PETITION NO. 7314 OF 2010 Vilas Ganpat Kadam. .. Petitioner Vs Shri Vinayak V. Guram & Others. .. Respondents -- AND WRIT PETITION NO. 7315 OF 2010 Vilas Ganpat Kadam. .. Petitioner Vs Shri Ashok R. Kadam & Ors. .. Respondents AND WRIT PETITION NO. 7316 OF 2010 Vilas Ganpat Kadam. .. Petitioner Vs Shri Sadanand Waje & Ors. .. Respondents AND WRIT PETITION NO. 7317 OF 2010 Vilas Ganpat Kadam. .. Petitioner Vs Shri Dattatray T. Pawar & Ors. .. Respondents AND WRIT PETITION NO. 7318 OF 2010 Vilas Ganpat Kadam. .. Petitioner Vs Shri Ganesh M. Kanojiya & Ors. .. Respondents AND WRIT PETITION NO. 7319 OF 2010 Vilas Ganpat Kadam. .. Petitioner Vs Smt. Shobha S. Patil & Ors. .. Respondents 3 Wp7309.10 to 7327.10 AND WRIT PETITION NO. 7320 OF 2010 Vilas Ganpat Kadam. .. Petitioner Vs Shri Kamlakar D. Shukla & Ors. .. Respondents AND WRIT PETITION NO. 7321 OF 2010 Vilas Ganpat Kadam. .. Petitioner VS Shri Suryakant D. Rasam & Ors. .. Respondents AND WRIT PETITION NO. 7322 OF 2010 Vilas Ganpat Kadam. .. Petitioner Vs Shri Uttam D. Patil & Ors. .. Respondents AND WRIT PETITION NO. 7323 OF 2010 Vilas Ganpat Kadam. .. Petitioner VS Shri Praful M. Tawde & Ors. .. Respondents AND WRIT PETITION NO. 7324 OF 2010 Vilas Ganpat Kadam. .. Petitioner VS Shri Rama R. Chopade & Ors. .. Respondents AND WRIT PETITION NO. 7325 OF 2010 Vilas Ganpat Kadam. .. Petitioner VS Shri Vinod Bane & Ors. .. Respondents 4 Wp7309.10 to 7327.10 AND WRIT PETITION NO. 7326 OF 2010 Vilas Ganpat Kadam. .. Petitioner Vs Shri Umaji K. Sawant & Ors. .. Respondents AND WRIT PETITION NO. 7327 OF 2010 Vilas Ganpat Kadam. .. Petitioner Vs Shri Chandrakant V. Sawant & Ors. .. Respondents -- Shri P.N. Joshi i/by Shri Kishor S. Patil for the Petitioner in all Petitions. Ms Sandhya Mailagir for Respondent No.1 in all petitions. Shri R.M. Patne, AGP for Respondent Nos.2 to 4 in all petitions. -- CORAM : A.S.OKA, J. DATE : 27TH SEPTEMBER, 2010 P.C: . Heard learned counsel appearing for the Petitioner. The Petitioner is a member of the 5th Respondent – society. An application under Section 22(2) of the Maharashtra Co-operative Societies Act, 1960 ( hereinafter referred to as “the said Act” ) was made by the 1st Respondent. On the said application, the Assistant Registrar of the Co-operative Societies directed the 5th Respondent-Society to make the 1st Respondent as a member. A revision application was preferred by the 5th Respondent- Society against the said order. The revision application has been rejected. 5 Wp7309.10 to 7327.10 2. The learned counsel appearing for the Petitioner accepted that the 5th Respondent has not challenged the impugned orders. He stated that the 5th Respondent is at present represented by an Administrator and, therefore, the present Petitioner who is a member of the 5th Respondent has challenged the impugned orders of the Authorities below. He invited attention of the Court to Clause (ii) of Rule 19 of the Maharashtra Co- operative Societies Rules, 1961 ( hereinafter referred to as “the said Rules”) as well as Section 26 of the said Act. He submitted that the resolution of the General Body passed on 21st August, 2007 records that the members can be enrolled provided they pay membership fees and legal charges of Rs. 5,000/- as well as a sum of Rs.350/- towards the share certificate. He submitted that 70% of the members have abided by the said resolution. He submitted that as the developer did not co-operate, by spending a substantial amount, registration of society was obtained and therefore, the new members cannot be granted membership unless they pay legal charges as decided by the General Body of the Society. 3. I have given careful consideration to the submissions. Firstly, it must be noted that the 5th Respondent – Society has not chosen to challenge the impugned orders. Admittedly, there is no provision in the bye-laws of the Society which requires a proposed member to pay a sum of Rs.5,000/- as the legal charges and membership fees. The learned counsel appearing for the Petitioner has relied upon Section 26 which reads thus:- 6 Wp7309.10 to 7327.10 “26. No rights of membership to be exercised till due payments are made. No person shall exercise the rights of a member of a society, until he has made such payment to the society in respect of membership, or acquired such interest in the society, as may be prescribed by the rules, or the by-laws of such society.“ 4. On plain reading of the said Section, the liability of any member is to make payment of the amount as may be prescribed by the Rules or by the bye-laws of the Society. Admittedly, the Rules or bye-laws of the Society do not permit the Society to insist upon payment of a sum of Rs. 5,000/- as a condition for grant of membership. By relying upon Clause (ii) of Rule 19 of the said Rules, Section 26 of the said Act cannot be allowed to be defeated by a co-operative society. The said clause (ii) does not empower the Society to require a proposed member to pay an amount which is not provided for in the bye-laws. Except for non-payment of the sum of Rs.5,000/-, there is no other objection for making the 1st Respondent as a member of the Society. It is not in dispute that the 1st Respondent has paid a sum of Rs.250/- towards shares and a sum of Rs.100/- as entrance fee as required by the bye-laws of the Society. The condition of paying legal charges of Rs.5,000/- for becoming a member of the Society is not shown to be supported by the provisions of a Rule or bye-law. Hence, no case for interference is made out. The Writ Petitions are accordingly rejected. 7 Wp7309.10 to 7327.10 5. It is however clarified that this order will not prevent the 5th Respondent – Society from filing appropriate proceedings for recovery of any amount due and payable by the 5th Respondent- society from filing an appropriate proceeding. (A.S.OKA, J)