Case Note & Summary
The petitioner, Sadguru University CHS Ltd., filed a writ petition challenging the amendment to Bye-Law 26(c) of the respondent society, Sadguru Premises Co-op. Society Ltd., passed at a general body meeting on 30.06.2024. The petitioner contended that the notice dated 15.06.2024 for the meeting did not contain the text of the proposed amendment, violating Section 22 of the Maharashtra Co-operative Societies Act, 1960, which requires 14 days' notice specifying the proposed amendment. The respondents argued that the notice was sufficient as it mentioned 'amendment in Bye-Law No.26(c)'. The court analyzed Section 22 and held that the notice must set out the proposed amendment, not merely refer to it. Since the notice failed to do so, the amendment was invalid. The court allowed the petition, setting aside the resolution and directing the society to follow proper procedure if it wishes to amend the bye-law again.
Headnote
A) Co-operative Law - Amendment of Bye-Laws - Notice Requirement - Section 22 of the Maharashtra Co-operative Societies Act, 1960 - The court considered whether an amendment to Bye-Law 26(c) of a housing society was valid when the notice of the general body meeting did not specify the proposed amendment. The court held that the requirement of 14 days' notice under Section 22 is mandatory and must contain the text of the proposed amendment. Since the notice only mentioned 'amendment in Bye-Law No.26(c)' without setting out the amendment, the amendment was invalid. (Paras 5-8) B) Co-operative Law - Bye-Law Amendment - Validity of Meeting - Section 22 of the Maharashtra Co-operative Societies Act, 1960 - The court examined whether the general body meeting held on 30.06.2024 was validly convened. The court found that the notice dated 15.06.2024 did not comply with Section 22 as it did not contain the proposed amendment. Consequently, the meeting and the resolution passed were set aside. (Paras 6-8)
Issue of Consideration
Whether the amendment to Bye-Law 26(c) of the respondent society was validly passed in compliance with Section 22 of the Maharashtra Co-operative Societies Act, 1960, which requires 14 days' notice of the proposed amendment.
Final Decision
The court allowed the petition, setting aside the resolution passed at the general body meeting on 30.06.2024 amending Bye-Law 26(c). The respondents were directed to follow the procedure under Section 22 if they wish to amend the bye-law again.
Law Points
- Notice requirement for amendment of bye-laws
- Section 22 Maharashtra Co-operative Societies Act
- 1960
- Mandatory notice period
- Compliance with statutory provisions
