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Veerendra   03 March 2023

Levelling allegations against quasi judicial authorities in revison application filed after 4 months

Dear all eminent lawyers,

Case History in brief :-  Society was not giving me membership. I approached the deputy registrar & after 9 months of hearing the order come in my favour.

Society did not implement the order & after 4 months filed a revision application in the Joint registrars office.

The societies lawyer made the deputy registrar Respondent no 1 and myself respondent no 2.

In the revision application the lawyer of opposite side states that :

During the pendency of the said Dispute application the Respondent No 2  ( that is myself )  with collusion of Respondent no 1( i.e  the deputy registrar )  used backdoor tactics to obtain the order.

Then he also states that :

Respondent No 2 suppressed the vital and material facts and did not approach with clean hands before respondent no 1.

Now the truth is I never did any of the above.

If the opposite party wants to file a revision application after 4 months they should do it on the basis of law and not level baseless allegations against the quasi judicial authorities.

Now my queries to the forum :

1.Can I file a civil / criminal defamation suit?

2.If yes against whom? Is it the opposite partys lawyer or the opposite party or both.

3.Where and how I approach the law for this issue.

4 Any other information pertaining to the above.

Hope to see a lot of responses and many thanks in advance for the same.


Veerendra Darakh 


 3 Replies

P. Venu (Advocate)     03 March 2023

At the present juncture, your focus ought be in defending the decsion of the Deputy Registrar. During the hearing hearing, you may bring the wild allegations to the notice of the Revisional Authority.

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Veerendra   04 March 2023

Thank you very much Advocate Venu for the reply. 

Woudl greatly appreciate if the forum also comments on the legal options that are now available to me for these wild allegations.


Saurabh Uttam Kamble (Law Student)     04 March 2023

If the society has expressly denied your request in writing and you disagree with their decision, you may file an appeal with the Registrar. However keep in mind that the Registrar's decision in such cases is final, and he notifies the applicant and the society of it within 15 days. The Registrar typically responds to such appeals from the applicants three months after receiving them. If not, the Registrar notes the delay and lets everyone know why.In accordance with the conclusions reached by the later Division Bench in the case of Jain Mechants Co-Op Housing Society v. H.U.F. of Manubhai Kalyanbhai, The Court considered the issue of the Society's right to admit, deny, or refuse membership, and in light of the observations, the Court is of the opinion that the contention relating to an absolute and unrestricted right in favour of the Society to admit, deny, or refuse membership cannot be accepted for the simple reason that this Division Bench decision 1984 (2) 25 Guj LR 1244 itself as mentioned para 54 at page 1298 a right to be considered for be considered for membership is a right to be fair.Hence, the society is not endowed with such unflattering authority. If the society ever refuses or denies membership on a dubious or insignificant ground, the offended party will have the right to file a complaint with the Court or with the authorities under the Act. It does not make sense to accept that the society has any such absolute right when the person who has been denied membership has a right and remedy accessible to them.There is no foundation for the claim that the society's decision to admit someone to membership or to deny or refuse the same is not subject to scrutiny when the aggrieved party seeks the court or the appropriate authority. Court has also observed that as per aforementioned principles, participation in a cooperative society should be voluntary and open to anyone who can use its services and is willing to accept the obligations of membership, free from any artificial restrictions or social, political, racial, or religious discrimination.

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