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TMI Blog2007 (11) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... ety will have a separate vote was allowed. 3. Respondent No.17 is a Group Housing Cooperative Society. Contesting parties hereto are its members. Some of the members of the said Group Housing Cooperative Society are members of the same family. They were, however, admitted to the membership of the Society without any reservation whatsoever. 4. The dispute which arose amongst the members of the Society started with preparation of voter list. A provisional list of voters was published by the Managing Committee of the Society on 22nd January, 2004 showing the names of 35 members. However, a resolution was adopted by the Managing Committee to prepare a final list of members eligible to vote on the purported basis of bye-laws 8(a), 9(a) and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... committed a manifest error in so far as it failed to take into consideration that the provisions of the 1960 Act are required to be read alongwith the Bye- Laws framed by the Society. In a Group Housing Cooperative Society, the learned counsel would contend, 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 . 8. Relevant part of Section 27 of the 1960 Act reads as under :- 27. Voting powers of members :- (1) Save as otherwise provided in sub-sections (2) to (7), no member of any society shall have more than one vote in i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... building and includes an apartment; Family has been defined in Bye-Law 3(xxv) to mean : Family means Group of persons which includes husband, wife, father, mother, sister, brother,. Son , daughter, son-in-law, brother-in-law, sister-in-law, daughter-in-law, grandson/daughter; Bye-Law 19 provides for the conditions for membership , clause (iii) whereof reads as under :- 19.(A) An individual who is eligible to be the member and who has applied for membership of the society in the prescribed form, may be admitted as member of the committee on complying with the following conditions :- *** *** *** (iii) he has given the application, as prescribed the particulars in regard to any house, plot or flast owned by him or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f his family members; but the same would not mean that under no circumstances more than one member of a family cannot become member of the society. A difference between ownership of flat and membership must be kept in mind. When one member of the family within the meaning of Bye-Law 19 (iii) applies for allotment of another flat, he/she may be asked to disclose the details in regard to allotment of flat in favour of any other member of the family. But if the members of the family have been allotted flat or admitted to the membership of the Society, for the purpose of exercising the right to vote the statutory provisions shall apply. 13. Submission of learned counsel that the Society must act in terms of Bye-Laws as has been observed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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