Anushka Sharma-
Published On: November 15, 2021 at 09:49 IST
On Saturday, the Supreme Court stated orally that it is “Impermissible” for co-operative societies to deny membership to “Single women, individuals who are members of a particular community, and persons who eat some particular food” in order to exercise their Fundamental Right to form Associations under Article 19(1)(c).
The Bench led by Justice Chandrachud was hearing an SLP challenging a Bombay High Court Single Judge’s July 2019 ruling dismissing the Plea brought by the Punam Co-operative Housing Society Limited, the SLP Petitioner.
The Petitioner sought to overturn an order issued by the Divisional Joint Registrar, Cooperative Societies in March 2019 dismissing a Revision Application filed under Section 154 of the Maharashtra Cooperative Societies Act 1960 against an order issued by the Deputy Registrar in October 2008 granting the first and second Respondents membership in the Cooperative Society. The decision to grant membership was made in accordance with Section 23(2) of the Act.
Section 23(2) provides that any person Aggrieved by the decision of society, refusing him Admission to its Membership, may appeal to the Registrar.
“The impugned order of the Single Judge directing the Cooperative Society to admit the Respondents as members of the Cooperative Society is unexceptionable having regard to the provisions contained in Section 23 of the Act.” The Bench noted that there is a dispute between the Cooperative Society and the regard to the provisions contained in Section 23 of the Act,” the Bench stated.
The Bench noted that there is a dispute between the Cooperative Society and the Respondents in respect of a space/garage which is alleged to be an encroachment by the Respondents.“The Right is to form Associations. Do you know what societies are doing in exercise of this Fundamental Right? They are not letting single women occupy flats! They are not allowing members of a particular community! They are denying people who eat some particular food! This is the reality! This is impermissible! We cannot tolerate this attitude from societies!” the Bench said while disposing off the Petition.
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