Can Housing Society Bye-Laws be challenged in Gujarat

By Gujarat Bureau

The validity of bye-laws can be challenged and the validity of amendment can also be challenged under Sec. 153 by preferring an appeal before the Registrar if order is made by the officer subordinate to -Registrar, i.e., District Registrar and if the order is made by the Registrar, Addl. Registrar, Jt. Registrar, then to the State Government. If the party is aggrieved by the order of the; appellate authority under Sec. 153, revision application also lies under Sec. 155 before the State Government. The procedure under Rule 6 are mandatory in nature and have to be followed Amendment of bye-law cannot be
proposed form the President’s desk and it has to be in the agenda with due notice. Therefore. the byelam can be challenged on tile procedural aspect described under Rule 6 for 2 amendment. The validity of the bye-laws can also be challenged if the bye-laws are amended or registered with the approval of the Registrar, who is a statutory authority and also a public authority. In my opinion, the bye-laws can be challenged by raising dispute under Sec. 96, or by a writ petition before the Hon’ble High Court, in addition to the remedy available under Sec. 153, since the bye-laws are in the nature of contact, the
disputes regarding validity of bye-laws essentially touches the business of the society and is a dispute under Sec.96. Since the registration of the bye-laws under Sec., 9 and registration of amendment of bye-laws under Sec. 13 imposed a duty upon Registrar that the same shall not be contrary to the Act and the Rules, the same can be challenged even before Hon’ble Gujarat High Court ,by filing a petition.
In a judgment of Hon’ble Gujarat High Court reported In 1975 GLR 382. in the case of Ambalal Manilal Makwana Khambhat Taluka Sahakari Kharid Vechan Sangh Ltd., Karia & Ors., it was held that the bye-laws of a federal society in contravention to Rule 15 is ultra vires and granting of any sanction by the Registrar to such if legal bye-laws cannot make it valid.