HC: Official to take call if non-catholic can join hsg society

THE HC HAS REMANDED THE MATTER BACK TO THE DEPUTY REGISTRAR FOR FRESH ADJUDICATION. THE HC DIRECTED THE DEPUTY REGISTRAR TO DECIDE THE MATTER IN 12 WEEKS

MUMBAI : Can a non-catholic be admitted as a member in a co-operative housing society formed exclusively for and by Roman Catholics? District deputy registrar of co-operative societies of M Ward will decide this moot question, as the Bombay high court (HC) has directed him to decide afresh if a non-catholic couple can be admitted as members of the Chembur-based Saint Anthony Homes Co-operative Housing Society.

The division bench of justice Amjad Sayed and justice MS Karnik has struck down the order passed by the district joint registrar and remanded the matter back to the deputy registrar for fresh adjudication. The bench has directed the deputy registrar to decide the matter in 12 weeks. The society originally consisted of 95 bungalow plots and was formed exclusively for and by Roman Catholics. One of the clauses of its bye-laws imposed a restriction on the original members not to transfer their rights in plot to a non-catholic.

However, one of the members in February 1999 sought to transfer her plot to a non-catholic couple – Nitin Gandhi and his wife Daxa. They moved an appeal to the deputy registrar after the housing society rejected their plea for membership and share certificate on the ground that they were non-catholics.

The deputy registrar, however, rejected their appeal on the ground that they had purchased the plot without prior permission from the society. The couple then moved in revision before the joint registrar, who in April 2003, ruled in their favour. The joint registrar directed the housing society to admit them as members and issue them requisite share certificate. The housing society then carried the matter to the high court, contending that the housing society is formed exclusively for Roman Catholics and only Roman Catholics can become its members, and authorities cannot compel them to admit non-catholics as members.

The division bench of justice Amjad Sayed and justice MS Karnik found substance in the argument and reiterated that a co-operative housing society cannot be compelled to admit a member in contravention of its bye-laws.