LexJ.P. RAVIDAS AND ORS. versus NAVYUVAK HARIJAN UTHAPAN MULTI UNITS INDUSTRIAL COOP. SOCIETY LTD. AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
J.P. RA VIDAS AND ORS.
v.
NAVYUVAK HARIJAN UTHAPAN MULTI UNITS INDUSTRIAL
COOP. SOCIETY LTD. AND ORS.
APRIL 12, 1996
[K. RAMASWAMY AND G.B.·PATTANAIK, JJ.]
Co11stitutio11 of J11dia :
A
B
Altic/es 19(1)(3), 21, 38, 39(b), 46-AlloDnenl of land lo Co-operative
C
Housi11g Society for members of Scheduled Castes~Bye-laws of society
presclibing membership 80% to members of Scheduled Castes a11d 20% to
others-Held the benefit of economic empowennent having been given to the
membei> of Scheduled Castes a11d they havi11g secured the property, neither
the Presidmt of Society nor a11ybody else has 1ight to induct any member other
than presclibed percentage-The very object of providing two acres of p1ime D
land belonging to Govenunent is to an1eliorate econon1ic conditions of 'dalits'
providing 1ight of residence, which is one of the funda1nental and hunian
1ights to those persons who cannot afford to purchase lands constrnct house
thereon. Universal Declaration of Human Rights, A1ticle 25( 1 ); International
co1•e1wnt on Economic, Social and Cultural Rights, 1966, A1ticle II (I).
E
Olga Tellis & 01». v. Bombay Municipal Co1]Joratio11 & Ors., [1985] 3
SCC 545; M/s. Shantistar Builders v. Narayan Khimalal Totame & Ors.,
[1990] 1 SCC 520; P.C. Gupta v. State of Gujarat & Ors., [1995] Supp. 2
SCC 182; Chame/i Singh & Ors. Etc. v. State of U.P. & Anr., (1996) 1 Scales
101 and Murlidhar Dayandeo Kesekar v. Vishwa11ath Pa11du Barde & A11r.,
[1995] Supp. 2 SCC 549, referred to.
Co-operative Societies.
F
Co-operative housing society for members of Scheduled Caste,-Bye-
G
laws of society providint membership to consist 80% of members of
Scheduled Caste and 20% others-Land allotted by Govemmmt Oil conces-
sional rates-Applicatiolls for e11rolment as ·;nembers invited-Applical!ls
belonging to 1101!-Scheduled Castes being more a11d members of Scheduled
Castes being less than their respective percentage-Order of Registrar Co-
operative Societies to enroll all the applicants-Held, enrolment of members H
301
302
SUPREME COURT RHORTS IJ996J SUPP. 1 S.C.R.
A
to be do11e according to byc-laws"-{)rdcrs of the Registrm-Co-operutive
Societies and of the High Court are unconstitutional and are set
aside-Society should invite applications froni Scheduled Caste candidates to
make up 1he shm1fall-Mo11ey of 11011-Scheduled Castes in excess of their
percentage should be retunied.
B
c
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7748 of 1996.
From the Judgment and Order dated 8.1 L.93 of the Bombay High
Court in A. No. 790 of 1993.
U.K Bachawat, R.B. Masodkar and Mrs. Vrinda Dhar for the ap-
pellants.
S.K. Dholakia, AK. Srivastava and S.M. Jadhav for the Respondents.
The following Order of the Court was delivered :
D
Leave granted.
E
F
We have heard learned counsel on both sides.
This appeal by special leave arises from the order dated November
8, 1993 made in Appeal No. 790/93 by the Bombay High Court. The
admitted facts are that a society by name '.'lavyuvak Harajin Utthapan Multi
Unit Industrial Coop. Society Ltd. was formed on June 7, 1979. It was
registered under the Cooperative Societies Act for industrial purpose. The
Government have allotted to the said Society two acres of land at Bhandup
(East), Survey No. 246 (pt.) of Kanjur village for construction of housing
colony for accommodating the members of the Society at concessional rates
keeping in view the welfare of the Harijan community. This order came to
be pasoed by the Government of India on January 18, J 995. ll would appear
that originally the membership of the Society consisted of 28 members
belonging to Scheduled Castes (for short, 'Dalits') and 5 O.B.C. members.
It is not in dispute that as per the bye-laws the membership should consist
G of 80% dalits and 20% others. Originally, the membership was intended to
be 112. Consequently, 90 members should be dalits and 22 members should
be non-dalits. It is now an admitted position that the respondent-Society
does not have 90 dalits members as per the bye-laws. It would appear that
one Bal Krishna, who was then the President of the Society, had invited
H applications for enrolment. Consequently, 78 persons are said to have
-
J.P. RA VIDAS v. N.H.U. MULTI UNITS INDL. CO-OP. SOCY. LTD. 303
made applicatiom for enrolment. It would appear that the Registrar of A
Cooperative Societies had directed the Society to enrol all of them as
members of the Society. When the appExcerpt shown. Read the full judgment & AI analysis in Lexace.