Every citizen of India and non-citizens, have been granted fundamental rights under the Indian Constitution, to live (reside) anywhere in India, BUT except prohibited and restricted areas.
The MCS Act does have not provisions for "Prohibited & Restricted" areas in the Society premises.
The Mg.committee has compulsorily to work under the provisions of the MCS Act and if the MCS Act does not provide for restrictions on "tenants", the mg.committee resolutions and the GB resolutions are "illegal & invalid". Even "selective & prohibitive" provisions created under a "bye-law" by the GB, is also "illegal & invalid". AS IT IS, the society or the mg.committee or the GB is a "nobody" or say "does not have the capacity or capability" to decide the legallities of such things for which there are various Laws available. The Society Mg.committee or the GB are not "Lok Sabha" members or Parliamentarians who are empowered to pass Laws.
If such instances in society are a regular feature, 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" activites and for violation of the "Rule of Law".
The Society is concerned only with 10% extra charges over the regular service charges, as non-occupancy charges and NOTHING beyond this.
If such nuisance GB resolutions are allowed in a society, then one can also expect that the GB may pass resolutions for compulsory "wife swapping" between members OR compulsory marriage between the members or "compulsory sale" of flats in case the owner becomes a spinster.
Normally the Society does not own the flat owners premises. It is the discretion of the flat owner to let his property out on rent/lease, under the appropriate terms and conditions prescribed by the Law. ONLY the flat owner can decide the type of tenant he wants to rent out his premises, BUT within the parameters of Law (i.e. cannot rent out his premises for commerical or illegal activities and so on).
IT IS NO use sending any notice to the Society, since the society would reply that the rule is passed in the General Body and everybody is bound by it. The option is to file a petition before the concerned deputy registrar (if the society is registered under the MCS Act), praying for "nullifying" the said "rule or resolution", citing the HC rulings under reference.
Keep Smiling ...HemantAgarwal
