parking of 3 wheeler autorickshaw in a cooperative housing society compound

Bye Law No 84. Parking of other vehicles: Every Member, having a scooter, a motor cycle, or an auto rickshaw shall obtain prior permission of the Committee for parking his vehicle in the compound of the Society and pay the charges fixed by the General Body of the Society at its meeting.

The sciety in a meeting may pass a resolution to not to allow the parking of any commercial vehicle inside the society parking space, which is binding on all the members.

Respected sir

Many thanks for your valuable and quick answer.

Just need a clarification on your comments. 

Since you mentioned that bye law 84 allows all types of vehicles to park in a society's premises. However, if the Members in the AGM pass a resolution to not allow parking of a auto rickshaw,  will it not be violation of bye law 84. Because MC of a housing society cannot put any resolution in the AGM which is contradicting and violating established bye law.

Any resolution passed with majority of votes can be challenged if it contradicts any bye law.

I apology for above mentioned comments and would appreciate it if you ratify it or add your additional valuable comments 

Kind regards 

The provision as mandated in law cannot be challenged

Respected learned advocate,

Sir I will.not challenge the provision of bye law but the resolution passed by the MC in the AGM which is violating and contradicting bye law 84. Can I challenge it.

M I correct. Plesse enlighten me further with your valuable legal views.

Thanks

How did you find contradiction in the Bye-Laws and/or resolution adopted by the Society / AGM with Section 84 of MCS Act ?

Respected sir

With due respect,  I would like to express my views that:

Bye law 84 allows an autorickshaw to be  parked in a housing society's compound open area with a  prior consent of the MC and on payment of certain parking charges.

Then how can a MC pass a resolution in the AGM not to allow an autorickshaw to be parked in the housing society's open premises  when bye law 84 allows it. When there is no such provision in bye law then the MC of a housing society can pass a resolution refusing to park autorickshaw in society's compound.  This is a technical worth debatable 

Above-mentioned is my query.

Best regards 

The amendment to the bye-laws of a multi-State co-operative society shall be made by a resolution passed by a two-third majority of the members present and voting at general meeting of the society.

The difference law and bylaws is:

A law is an official government rule, enforceable by the courts. A by-law is a rule of a private organization such as a housing association, club, or union. It may be enforceable by fines or by expulsion from the organization, but is not normally enforceable by the courts.

Thus if the society decides to change the bylaws owing to some specific reasons, then it can seek for a change through a extra or general meeting as noted above.

What is the status of your society in this aspect

In by laws only "Auto rikshaw" is mentioned.it can be private rikshaw.Then it is not applicable to commercial rikshaw 

Many thanks sir for your expertise and valuable legal views.

Kind regards