Resolving legal issues in resident societies: a guide for members of gujarat society facing unlawful bylaws and jurisdictional challenges. We are members of a resident society situated in Gujarat. There was a fight between the two sections of members over the issue of utilisation of funds. When the society was formed the builder wanted to take control over the function of the society for an indefinite period. Hence he made favourable bye laws. If there is any dispute regarding the function of society the case shall be filed before the society registrar. Any appeal against the order of the society registrar shall be made only before the Supreme Court. Because of this rule we are not able to contest the case to the supreme court. Please advise how to tackle the issue and keep peace and tranquillity in our society?
Prima facie the terms of the bye laws so far are related to the forum of appeal are illegal. Such a provision cannot be made in bye laws. Conferring jurisdiction to the Supreme Court only against the order of society registration is per se illegal.
Only the Parliament and the Union of India have the power to confer appellate jurisdiction to the Supreme Court. Conferring jurisdiction to the Supreme Court falls under the union list of the seventh schedule of the constitution of India.
Therefore, the provision of appeal as made in the bye laws is illegal. You should file a writ petition in the high court under article 226 of the constitution for annulment of that provision. The high court may quash that provision and declare it as null and void because that provision is against the entry number 77 of the union list and also against the provision of Article 246 of the constitution of India.
