Supreme Court of India

Zoroastrian Co-operative Housing Society Ltd. and Anr. v. District Registrar Co-operative Societies (urban) and Ors.

Neutral citation

Reported as [2005] 3 S.C.R. 592

Bench B.N. Agra Wal and P.K. Balasubramany An JJ.

Decided 15 April 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that it is not possible, especially for a Registrar who is an authority under The Co-operative societies Act, to direct a co-operative society to D admit as a member, a person who does not qualify to be a member as per the bye-laws registered under the Act.

Judgment, page 32

From the headnote

Cooperative Societies : Gujarat Cooperative Societies, 1961-Sections 4, 24 and 30--Gujarat Cooperative Societies Rules, 1965-Rule 12(2)-Constitution of India, 1950- Articles 19(/)(c) and 300A-Transfer of Property Act, 1882-Section 10- Cooperative Housing Society-Admission of Member-Transfer of Membership-Bye laws of Society confining membership to persons belonging to Parsi community-Validity of-Held: Bye laws ;·estricting membership to Parsi community do not violate Act or Rules-Nothing precludes Society from restricting membership to particular religion, bf!/ief or tenet-Restriction being

Authorities it was built on

1959 Gherulal Parakh v. Mahadeodas Maiya and Others cited by 23
1971 Damyanti Naranga v. The Union of India and Others cited by 17

Where later benches applied it

2023 Kaushal Kishor v. State of Uttar Pradesh & Ors. relied on
2021 Pasl Wind Solutions Private Limited v. Ge Power Conversion India Private Limited referred to
2021 Swati Ulhas Kerkar and Ors. v. Sanjay Walavalkar and Ors. referred to
2015 State of Maharashtra & Ors. v. Brijlal Sadasukh Modani referred to
2010 Sindhi Education Society & Anr. v. The Chief Secretary, Govt. of Nct of Delhi & Ors. referred to

Of those, 1 relied on · 4 referred to

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