Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1960 Maharashtra Cooperative Housing Societies Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Maharashtra Cooperative Housing Societies Act, 1960 - s. 27 - Voting by members of same family - Entitlement - Held: Each member of family admitted to membership of Society is entitled to vote despite definition of 'family' contained in Bye-Law 3(XXV) - S.27 clearly provides for one member-one vote - Legislative Act would prevail over subordinate legislation - Bye-Laws must conform to the provisions of the Act and cannot act in derogation thereof - Bye-laws 3(XXV), 8(a), 9(a) and 9(b), 19(iii) of the Merry Niketan Cooperative Housing Society Ltd.Legislative intent - If Legislative Act provides for a concept, bye-law cannot create another concept so as to defeat the legislative object.The Managing Committee of the Group Housing Co-operative society, respondent No.17 adopted a resolution to prepare final lists of members eligible to vote on the purported basis of Bye-laws 8(a), 9(a) and 9(b) of the Merry Niketan Cooperative housing Society Ltd., whereby the member holding more than one flat or membership in the name of his/her family members would be eligible to one vote only. Objections thereto were submitted. Respondent No.1 besides other members filed nomination for contesting the election. The same was rejected. An appeal thereagainst was also dismissed. A writ petition was filed. High Court on interpretation of s.27 of the Maharashtra Cooperative Housing Societies Act, 1960 opined that each member of the Society is entitled to cast his/her vote despite the definition of'family' contained in Bye-Law 3(xxv) of the Bye-Laws of the Society.In appeal to this Court appellant contended that in a Group Housing Cooperative Society, a family may be allotted more than one flat but, however, with a view to seeing that members of the same family by reason of having been allotted more than one flat do not constitute majority, a formula has been adopted in the Bye-Laws, namely 'one family one vote'. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1130 |
Petitioner | Veena Kumari Tandon |
Respondent | Neelam Bhalla And Ors. |
SCR | [2007] 11 S.C.R. 960 |
Judgement Date | 2007-11-02 |
Case Number | 5130 |
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