J.P. RAVIDAS AND ORS. versus NAVYUVAK HARIJAN UTHAPAN MULTI UNITS INDUSTRIAL COOP. SOCIETY LTD. AND ORS.

J.P. RAVIDAS AND ORS. versus NAVYUVAK HARIJAN UTHAPAN MULTI UNITS INDUSTRIAL COOP. SOCIETY LTD. AND ORS.

The Registrar of Co-operative Societies and High Court's orders to enroll all applicants indiscriminately are unconstitutional; society must enroll members strictly according to bye-laws reserving 80% for Scheduled Castes and 20% for others, fulfilling the purpose of the government allotment for dalit economic empowerment.

Parties
Appellants: J.P. Ra Vidas and Others; Respondents: Navyuvak Harijan Uthapan Multi Units Industrial Co-op. Society Ltd. and Others
Jurisdiction
India
Judgment Date
12 April 1996
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed
Legal Topics
Co Operative Societies, Scheduled Castes, Housing, Directive Principles
Constitutional Law Property Law Human Rights Co Operative Societies Scheduled Castes Housing Directive Principles

Case Brief

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Parties

J.P. Ra Vidas and Others

Appellants

Navyuvak Harijan Uthapan Multi Units Industrial Co-op. Society Ltd. and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether enrolment of members to a housing co-operative society in derogation of the prescribed caste-based percentage under the bye-laws is constitutional
  2. 2 Whether orders of the Registrar, Co-operative Societies and High Court directing enrolment contrary to the bye-laws are valid

Ratio Decidendi

The Registrar of Co-operative Societies and High Court's orders to enroll all applicants indiscriminately are unconstitutional; society must enroll members strictly according to bye-laws reserving 80% for Scheduled Castes and 20% for others, fulfilling the purpose of the government allotment for dalit economic empowerment.

Court Disposition

Appeal allowed

Orders

  • Orders of the Registrar and High Court set aside as unconstitutional.
  • Registrar to conduct an enquiry to identify dalit and non-dalit applicants among the 78 and enroll only 90 dalits and 22 non-dalits as per bye-laws.