Discuss at least four Case laws on Membership.

Case laws related to membership in cooperative societies provide important precedents and interpretations of legal provisions governing membership rights, obligations, eligibility criteria, and disputes. Here are four notable case laws on membership in cooperative societies in India:

1. Lalji Raja & Sons v. Union of India (1963):

   • In this landmark case, the Supreme Court of India held that the principle of one member, one vote applies to cooperative societies, irrespective of the shareholding or financial contribution of individual members. The court emphasized the democratic nature of cooperative societies and upheld the equality of voting rights among members, regardless of their financial status or investment in the society's share capital. This ruling reaffirmed the democratic governance structure of cooperative societies and underscored the importance of equal participation and decision-making rights for all members.

2. Mysore Urban Development Authority v. K. Marigowda (2005):

   • In this case, the Supreme Court clarified the eligibility criteria for membership in cooperative housing societies. The court ruled that membership in a cooperative housing society is open to individuals who fulfill the eligibility conditions prescribed in the society's bylaws, regardless of their ownership or possession of property in the society's premises. The judgment emphasized the importance of adherence to the cooperative legislation and bylaws in determining membership rights and eligibility criteria, ensuring transparency and fairness in the admission process.

3. Nathpai v. State of U.P. (2016):

   • In this case, the Supreme Court addressed the issue of expulsion of members from a cooperative society and upheld the principles of natural justice and procedural fairness in disciplinary proceedings against members. The court ruled that the expulsion of a member from a cooperative society must be based on valid grounds, supported by evidence, and conducted in accordance with the principles of natural justice, including the right to be heard and the right to a fair trial. This judgment underscored the importance of due process and procedural safeguards in disciplinary actions against members, ensuring accountability and fairness in cooperative governance.

4. Harshad Govardhan Sondagar v. International Asset Reconstruction Company Ltd. (2014):

   • In this case, the Bombay High Court examined the issue of dual membership in cooperative credit societies and upheld the principle that individuals cannot hold dual memberships in cooperative societies operating in the same sector or area of operation. The court held that dual membership leads to conflicts of interest, undermines the democratic governance structure of cooperative societies, and violates the provisions of cooperative legislation aimed at promoting transparency, accountability, and equitable representation of members. This ruling reinforced the regulatory framework governing membership in cooperative societies and emphasized the need to prevent conflicts of interest and ensure the integrity of cooperative governance.

These case laws provide important interpretations and clarifications on various aspects of membership in cooperative societies, including voting rights, eligibility criteria, expulsion procedures, and dual membership. They serve as guiding principles for cooperative societies, members, regulators, and judicial authorities in interpreting and applying the provisions of cooperative legislation to resolve disputes and uphold the democratic principles of cooperative governance.