Can a co-operative soceity refuse membership on the basis of religion citing resolution passed in AGM ?

Before I can reply this question lets see what a Co-operative society is & who can be its members. The CO-OPERATIVE SOCIETIES ACT, 1912 section 2(c) provides "member" includes a person joining in the application of or the registration of a society and a person admitted to membership after registration in accordance with the

By-laws and any rules.

Section 43 provides (1) The State Government may, for the whole or any

part of the State and for any registered society or class of such

societies, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the

foregoing power, such rules may (d) prescribe the conditions to be complied with by persons

applying for admission or admitted as members, and

provide for the election and admission of members, and the payment to be made and the interests to be acquired

before the exercise of the right of membership. Let’s also see the conditions of registration of the co-operative society under section 6 Conditions of registration. (1) No society, other than a

society of which a member is a registered society, shall be registered

under this Act which does not consist of at least ten persons above

the age of eighteen years and, where the object of the society is the

creation of funds to be lent to its members, unless such persons:-

(a) reside in the same town or village or in the same group

of villages; or

(b) save where the Registrar otherwise directs, are members

of the same tribe, class, caste or occupation.

(2) The word "limited" shall be the last word in the name of

every society with limited liability registered under this Act.

Let’s also study some of the important provisions of THE MULTI-STATE COOPERATIVE SOCIETIES ACT, 1984

This Act shall apply to :

(a) All cooperative societies, with objects not confined to one State, which were incorporated before the commencement of this Act,

(i) under the Cooperative Societies Act, 1912, or

(ii) under any other law relating to cooperative societies in force in any State or in pursuance of the Multi-unit Cooperative Societies Act, 1942, and the registration of which has not been cancelled before such commencement; and

(b) all multi-State cooperative societies.

Section 3 (g) "cooperative society" means a society registered or deemed to be registered under any law relating to cooperative societies for the time being in force in any State;

Chapter III of the Act provides for MEMBERS OF MULTI-STATE COOPERATIVE SOCIETIES

AND THEIR RIGHTS AND LIABILITIES, section 19. Persons who may become members -

(1) No person shall be admitted as member of a multi-State cooperative society except the following, namely :-

(a) an individual competent to contract under section 11 of the Indian Contract Act, 1872;

(b) any multi-State cooperative society or any cooperative society;

(c) the Central Government;

(d) a State Government;

(e) the National Cooperative Development Corporation established under the National Cooperative Development Corporation Act, 1962;

(f) any other corporation owned or controlled by Government;

(g) any Government company as defined in section 617 of the Companies Act, 1956;

(h) such class or classes of persons or association of persons as may be permitted by the Central Registrar having regard to the nature and activities of a multi-State cooperative society;

(2) Such number of individuals possessing such qualifications as may be prescribed may be admitted as members of the National Cooperative Union of India Limited, New Delhi.

(3) Save as otherwise provided in sub-section (2) and notwithstanding anything contained in sub-section (1) no individual shall be eligible for admission as a member of a national cooperative society.

(4) Any person eligible for membership of a multi-State cooperative society may, on his application, be admitted as a member by such society.

(5) Every application for admission as a member of a multi-State cooperative society shall be disposed of by such society within a period of four months from the date of receipt of the application, and the decision of such society on the application shall be communicated to the applicant within fifteen days from the date of such decision:

Provided that if the application is not disposed of within the period aforesaid, or the decision is not communicated within a period of fifteen days of the expiry of the aforesaid period of four months, the multi-state cooperative society shall be deemed to have made a decision, on the date of expiry of such period, refusing admission to the applicant.

(6) Notwithstanding anything contained in this section, the Central Government may, having regard to the fact that the interest of any person or class of persons conflicts or is likely to conflict with the objects of any multi-State cooperative society or class of multi-State cooperative societies, by general or special order published in the Official Gazette, declare that any person or class of persons engaged in or carrying on any profession, business or employment shall be disqualified from being admitted, or for continuing, as members or shall be eligible for membership only to a limited extent of any specified multi-State cooperative society or class of multi-State cooperative societies, so long as such person or persons is or are engaged in or carrying on that profession, business or employment, as the case may be.

While going through all the above provision as provided by these two enactments two things are clear the membership of any co-operative society is governed by these two enactments itself or by the Rules or bye laws enacted for the Act itself or by any order of the Central Government, secondly there is no mention of religion of a person in any of the provisions only consideration is with regards to class of persons engaged in or carrying on any profession, business or employment or of the same tribe, class or occupation. No where the word Religion of the person appears, what it means that the law doesn’t deny the membership of any co-operative society just for the reason of religion. Now as far refusing the membership on the basis of resolution of the AGM is concerned that resolution itself is against the Article 14 of (the Constitution of India) Equality before law, Article 15 Prohibition of dicrimination on ground of religion,race,caste,sex or place of birth & Article 25 Freedom of conscience and free profession, practice and propagation of religion , hence unconstitutional in nature. Another point I would like to raise here is if the co-operative society has been formed by members of a particular religion itself & is registered on that basis itself then membership of such a society will be based on the particular religion basis not open to all any religion, that itself is a different case but in general cases such condition of religion for membership is void , illegal & unconstitutional in law.

First check the relevant Societies Act for the state in which the Society is registered. I assume most Societies Acts of various states would more or less be the same on the issue of Membership. Under Maharashtra Co-operative Societies Act, 1960, any person competent to contract u/Indian Contract Act, 1872 may become a member. This is the only condition for membership for an individual. A person who satisfies conditions of membership, but who is refused membership by the Society on grounds of religion, etc, may file an application under the relevant section (23 in Maharashtra) with the Registrar of Coop. Soc. who will usually direct the Society to admit the member, assuming there are no valid grounds for refusal of membership. However please get a copy of the following judgment because if Im not mistaken, the Supreme Court had held in the case of Zoroastrian Coop. Housing Society Ltd. v. District Registrar, Coop. Societies (Urban), (2005) 5 SCC 632 that the Society was justified, in that particular case, in restricting membership to those of the Zoroastrian community. I do not have this judgment to hand, but I remember reading about it in the newspapers. You may wish to read a copy of this judgment and ascertain whether the ratio is applicable to your question.

Societies cannot refuse membership on the basis of religion. Resolution passed at AGM is illegal.

every Indian citizen have a fundamental right- right to equality our Constitution clearly state in Part III ARTICLE 15-2

- no citizen shall on grounds only on religion,race,caste ,sex,place of birth ,or any one of them to subject to any disability,liability, restriction or condition with regard

Your co-perative have no power to pass such a resolution-

the registrar of co-operatice soi\ciety wiil never accecept the resolution to come to effect.

no.under law of freedom to reside at any state or city in india,to become member and form ur own association,these are all basic laws of citizen of india.