This order is in line with an apex court judgment, which held that co-operative societies can chose their members. The court, however, stated that there is an alternative remedy available under the Maharashtra Co-Operative Societies (MCS) Act if the petitioner feels aggrieved by the decision of the society.
Ali’s petition had sought that the State government issue a circular restraining the housing societies from refusing to sell flats to persons belonging to a particular community.
Ali, who has performed in television serials like Kahani Ghar Ghar Ki and made his debut in Bollywood with Yeh Kya Ho Raha Hai, located a flat in the Springfield Co-Operative Society at the Lokhandwala Complex in Andheri (W) around November 2006. However, his broker informed him that since he was a Muslim, the society would not admit him as a member.
The dejected actor approached the HC through a PIL in August 2007, against the discrimination which is faced by some people in the society on the ground of community or religion.