BACHELOR TENANTS - PROHIBITED IN A SOCIETY ??? ITS ILLEGAL.

BACHELOR TENANTS - PROHIBITED IN A SOCIETY

Every citizen of India and non-citizens, have been granted fundamental rights under the Indian Constitution, to stay (reside) anywhere in India, BUT except in prohibited and restricted areas.

EMERGING TREND

(a) In Metropolitan /Industrialized Cities (e.g. Mumbai, Pune .... ), a new nefarious and knee-jerk whimsical concept of Prohibiting /Banning "Bachelor Tenant", from staying in a Society, is emerging, causing gross discontent among the Society members, thus leading to gradual failure of the Cooperative Moment.

(b) The MCS Act does have not provisions for "Prohibited & Restricted" areas in the Society premises. The Mg. Committee (MC) has compulsorily to work under the provisions of the MCS Act and .IF. the MCS Act does not provide for restrictions on "Tenants", THEN "Bachelor Tenant" cannot be prohibited (banned) from residing in a Society, even if for whatever reasons.

(c) The inbuilt craving to formulate Laws to govern & control other members, lead to ignorant MC's and GB General Body (GB), to pass "illegal & invalid" resolutions, for "Prohibiting /Banning Bachelor Tenant", from staying in a Society. Such "selective & prohibitive" provisions /bye-laws created /amended under a "bye-law" approved /passed by the GB, is also "illegal & invalid", leading to animosity and discontent in the Society, which also means "failure of the Cooperative Movement". AS IT IS, the Society or the MC or the GB is a "nobody" or say "does not have the "Capacity or Capability" to decide the legalities of such things for which there are various Laws available. The Society MC or the GB are not "Lok Sabha" members or Parliamentarians who are empowered to pass Laws.

(d) If such instances in Society are a regular feature, which could also mean "constitutional failure", then a "suo-moto" application may be forwarded to the Registrar of CHS for "de-registration" of the society registration, citing the "illegal and invalid" activities and for violation of the "Rule of Law".

(e) If ignorant & nuisance GB resolutions have their whimsical ways in a Cooperative Housing Society, then one can also expect that the ignorant GB may pass resolutions for compulsory marriage between the members (as is a custom in some Indian culture) .OR. "compulsory sale" of flats in case the owner becomes a Widow. This is more so since some nefarious MC's and their cronies, are in a way, controlling the strings in a GB meeting.