VEENA KUMARI TANDON versus NEELAM BHALLA AND ORS.

VEENA KUMARI TANDON versus NEELAM BHALLA AND ORS.

Section 27 of the Maharashtra Cooperative Housing Societies Act, 1960, expressly provides for one member one vote. Bye-laws cannot override the legislative mandate. Thus, each family member admitted as a Society member is entitled to vote, regardless of the 'family' definition in bye-laws.

Parties
Appellant: Veena Kumari Tandon; Respondents: Neelam Bhalla and Ors.
Jurisdiction
India
Judgment Date
02 November 2007
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Voting Rights, Legislative Supremacy, Interpretation of Statutes, Bye Laws and Membership
Cooperative Societies Law Voting Rights Legislative Supremacy Interpretation of Statutes Bye Laws and Membership

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Parties

Veena Kumari Tandon

Appellant

Neelam Bhalla and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether each member of the same family admitted to a Cooperative Housing Society is entitled to an individual vote under Section 27 of the Maharashtra Cooperative Housing Societies Act, 1960, despite contrary provisions in Society bye-laws.

Ratio Decidendi

Section 27 of the Maharashtra Cooperative Housing Societies Act, 1960, expressly provides for one member one vote. Bye-laws cannot override the legislative mandate. Thus, each family member admitted as a Society member is entitled to vote, regardless of the 'family' definition in bye-laws.

Court Disposition

Appeal dismissed with costs.

Orders

  • Costs awarded to respondents assessed at Rs. 10,000 (Rupees ten thousand only).