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1992 DIGILAW 559 (DEL)

RAM KISHAN BHALLA v. REGISTRAR OF CO-OPERATIVE SOCIETIES

1992-11-20

G.C.MITTAL, SAT PAL

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Sat Pal ( 1 ) IN this writ petition the petitioners who were members of the Delhi School Teachers Co-operative House Building Society, Delhi (hereinafter referred to as the Society ) had challenged the action of the Society excluding their names from the list of the members of the Society and had also prayed for appointment of an administrator to run the affairs of the Society till a new managing committee was elected by all the members of the Society including the petitioners. ( 2 ) THE writ petition came up tor hearing before a Bench of this Court on 15th September, 1977 and Rule D. B. was issued. The election meeting proposed to be held on 18th September, 1976 was also stayed. ( 3 ) ON 16th May, 1980 all the subsisting disputes between the parties were settled and pursuant to the settlement arrived at between the parties, a Bench of this Court gave various directions. One of these directions was that 692 teachers and 259 non-teachers who formed the body of the members of the Society would comply with the requirements mentioned in the directions and, if any, teacher or non-teacher failed to comply with any of the said requirements by 30th September, 1980 he/she would, ipso facto be deemed to have forfeited his right, if any. to be a member of. the Society. In this order there was further a direction that draw of lots for allotment of plots would be held in accordance with the directions mentioned in the order and thereafter a meeting of the General Body of the Society would be called for the purpose of electing the new managing committee. Only those persons to whom the plots had been allotted were to be called for the meeting and allowed to participate therein. ( 4 ) A number of persons who formed the body of the membership of the Society as mentioned hereinabove did not comply with the requirements mentioned in the order dated 16th May, 1980. However, many such defaulters had submitted various miscellaneous applications and this Court from time to time directed such persons to be restored to their membership. ( 5 ) PURSUANT to the order dated 29th April, 1991 passed by this Court the Society filed o final list of members of the Society consiting of 652 teachers and 272 non-teachers. However, many such defaulters had submitted various miscellaneous applications and this Court from time to time directed such persons to be restored to their membership. ( 5 ) PURSUANT to the order dated 29th April, 1991 passed by this Court the Society filed o final list of members of the Society consiting of 652 teachers and 272 non-teachers. It was, however, stated that 19 persons out of the aforesaid list had incurred disqualification under Rule 25 of the Delhi Co-operative Societies Rules (hereinafter referred to as the Rules ) ond their cases were pending before the Registrar, Co-opearative Societies. ( 6 ) SINCE no elections had been held in the Society since 1975, we were of the view that it had become essential to appoint an administrator for conducting the elections of the Society and also for carrying on the functions of the Society till the elections were held and new managing committee took over the Charge. Accordingly by our order dated 11th September, 1911 we appointed Mr. Justice N. N. Goswamy. a retired Judge of this Court, as an administrator of the Society and gave various directions for this purpose. Besidas conducting the elections, we also directed the learned administrator to examine the cases of 65 persons whose membership was accepted by this Court vide order dated 16th May, 1980 but many of whom had defaulted to comply with the orders passed by this Court and/or had expired and their nominees had moved applications before this Court for substitution of their names. We also directed the administrator to examine the cases of 19 members who according to the Society, had ceased to be the members under Rule 25 of the Delhi Co-op. Societies Rules, 1973 (for short called the Rules ). As regards CM 2596. 2762 and 3456 of 1979 moved by 42 persons, which were deferred by this Court in terms of order dated 16th May. 1980, we ordered that the cases of the said 42 persons would be considered by the new managing committee and in case any of these 42 persons was ultimately accepted to be a member by the new managing committee or by this Court he would be required to pay Rs. 8. 000. 00 and equalization charges on the same basis as paid by other members. 8. 000. 00 and equalization charges on the same basis as paid by other members. ( 7 ) THE learned administrator submitted his report dated 28th April, 1992 to the Registrar of this Court. In this report it has been stated that the elections of the Society were held on 26th April, 1992 and new office bearers and members of the Society, executive committee were elected on that date. It has also been stated in this report that in terms of order dated 11th September, 1991 passed by this Court, the administrator was directed to decide 65+19 cases but in fact according to the list it was 56+19 cases. In terms of this report out of the said 75 cases the learned administrator has decided 70 cases and 5 cases pertaining to S/shri Behari Lal Tandon. G. P. Gupta, Ami Chand Aggarwal, Ram Kishan Goyal and Smt. Bhupinder Kaur could not be decided since these persons could not be served as their whereabouts were not known. Regarding 70 cases decided by the learned administrator, membership of 59 persons was accepted and membership of 11 persons was rejected as these members were found to be disentitled by the learned administrator. The names of these 11 persons are S/shri Mam Raj Singh, Surendera Prakash Rastogi, Prem Chand Sumra, Mahendra Prakash Rastogi, S. C. Tela, Sudershan Aggar- wal, L. K. Sarkar, Sansar Chand Sood, Mulak Raj, J. P. Verma and Smt. Saroj Kumari Garg. ( 8 ) AFTER the receipt of the report of the learned administrator the matter came up for hearing on 28th May, 1992 and we directed that all persons who wanted to have their membership matter decided should apply to the new managing committee and the new managing commtttee would take a decision about them by passing speaking order. We also directed that 42 persons who had filed CM Nos. 2596, 2762 and 3456 of 1979 should also apply to the new managing committee of the Society. The managing committee was directed to finalise the claims of all the said persons within two months. We also directed that a draw of lots in respect of 49 members who had been cleared be held by the new managing committee under the supervision of a Senior Advocate apponinted by us. The managing committee was directed to finalise the claims of all the said persons within two months. We also directed that a draw of lots in respect of 49 members who had been cleared be held by the new managing committee under the supervision of a Senior Advocate apponinted by us. ( 9 ) PURSUANT to our orders dated 28th May, 1992 the new managing committee submitted its report on 27th August, 1992. Along with the report five lists of the applicants have been filed. List A and B consist of the names of the applicants whose claims have been accepted by the new managing committee. List c contains the names of the applicants whose claims for membership could not be accepted for want of requisste deposits by them. Lists d contains the names of the applicants whose claims have been rejected by the new managing committee and list e contains the names of the applicants whose claims have not been finalised due to non-submission of necessary documents by them. ( 10 ) KEEPING in view the fact that the subject matter of this writ petition is quite old. we direct the managing committee of the Society to give another opportunity to the applicants whose names have been mentioned in lists c d and e and finalise their cases within three months from today. In case any of them submits a representation within four weeks from the date of this order his/her case will be disposed of within three months as stated above. In case any claimant is aggrieved by the decision of the managing committee, he will be at liberty to challenge such decision before the appropriate authority under the Delhi Co-operative Societies Act, 1972 (for short called the Act ) and the Rules. With this order the writ petition stands disposed of. ( 11 ) NOW we proceed to dispose of the applications filed on behalf of various applicants. CM 4835192 ( 12 ) THIS application has been filed on behalf of three members of the Society for quashing the orders passed by the learned administrator in favour of S/shri D. C. Garg, S. K. Garg, Ramesh Chand Sharma, Vidya Rattan Batra and Smt. Sarojini Devi Sharma. CM 4835192 ( 12 ) THIS application has been filed on behalf of three members of the Society for quashing the orders passed by the learned administrator in favour of S/shri D. C. Garg, S. K. Garg, Ramesh Chand Sharma, Vidya Rattan Batra and Smt. Sarojini Devi Sharma. It has been alleged in the application that the said persons ceased to be members of the Society in viewof disqualification incurred by them having acquired residential property in their own names and/ or in the names of their wives. Since this question is not the subject matter of the writ petition we do not consider it necessary to decide this point in this petition. However, it will be open to the applicants to apply for a reference to the Registrar of Co-operative Societies relating to disqualifications. With these observations this application is dismissed. CM 5964 and 5965192 ( 13 ) IN CM 5964/92 it has been stated that the applicant M. L. Tandon is the legal representative of his uncle Shri H. L. Tandon and as such his name be substituted in place of his uncle Shri B. L. Tandon. As per report of the learned administrator this case could not be decided as the applicant could not beserved. We, therefore, direct the applicant to submit his claim before the new managing committee within four weeks from the date of this order and the managing committee shall dispose of his case within three months from the receipt of his claim. As regards CM 5965/92 the applicant is directed to approach the new managing committee for the relevant claim. In case the applicants are still aggrieved by the decision of the new managing committee, he will be at liberty to approach the appropriate authorities under the Act and the Rules. Both the applications stand disposed of. CM 4584192 ( 14 ) IN this application the applicant Smt. Swaran Juneja has contended that she was also a member of the Society and her name figured at serial No 463 of the audit report of the Society. Since the new managing committee has been elected, we direct the applicant to submit her claim before the new managing committee within four weeks from the date of this order and the new managing committee will dspose of her claim within three months from the receipt thereof. Since the new managing committee has been elected, we direct the applicant to submit her claim before the new managing committee within four weeks from the date of this order and the new managing committee will dspose of her claim within three months from the receipt thereof. In case the applicant is still aggrieved by the decision of the new managing committee, he will be at liberty to approach the appropriate authorities under the Act and the Rules. CM stands disposed of. CM 5966192 ( 15 ). In this application the applicant Shri Prem Nath has stated that he was enrolled as a lawful member on 10. 6. 1977 and paid a sum of Rs. 2905. 00 vide cheque No. 320531 dated 10-6-1967. Since the new managing committee has taken over, we direct the applicant to submit his application to the new managing committee within four weeks from the date of this order and the new managing committee shall dispose of the application within three months from the receipt thereof. CM stands disposed of. CM 5991192 ( 16 ) IN this application, the applicant Smt. Vanti Devi has stated that she was enrolled as a lawful member of the Society on 13-4-1968 and had paid Rs. 1525. 00. Since the new managing committee has taken over, we direct the applicant to submit his application to the new managing committee within four weeks from the date of this order and the new managing committee shall dispose of the application within three months from the receipt thereof. In case the applicant is still aggrieved by the decision of the new managing committee, she will be at liberty to approach the appropriate authorities under the Act and the Rules. CM stands disposed of. CM 6094192 ( 17 ) IN this application the applicant Shri Ratinder Swarup Mittal has stated that pursuant to the orders dated 28th May, 1992 he had approached the new managing committee of the Society and the new managing committee has rejected his claim. In view of the facts stated in this application we direct the new managing committee to give one more opportunity to the applicant in case he approaches the managing committee within four weeks from the date of this order and the managing committee will dispose of his case within three months from the receipt thereof. In view of the facts stated in this application we direct the new managing committee to give one more opportunity to the applicant in case he approaches the managing committee within four weeks from the date of this order and the managing committee will dispose of his case within three months from the receipt thereof. We may, however, point out here that in case the applicant is still aggrieved by the decision of the new managing committee, he will be at liberty to approach the appropriate authorities under the Act and the Rules. We may also point out that since the applicant was not one of the petitioners in the writ petition and we have now disposed of the writ petition, as such no further application by the applicant will be entertained in this petition, CM stands disposed of. CM 6010192 ( 18 ) IN this application it has been stated that the new managing committee in its report dated 3rd September, 1992 has cleared the case of the applicant Shri Ami Chand Aggarwal and has decided not to disturb his possession and entitlement of the plot given to him by the Society in 1985. It has been, therefore, prayed that the managing committee be directed to execute the sub-lease deed in favour of the applicant. The application is allowed and we direct the managing committee to execute the sub-lease deed in favour of the applicant within four weeks from the date of this order, in case the averment made in the application that the managing committee has cleared his rase is found to be correct. CM Nos. 6570. 6571, 6572, 6573. 6574 and 6575192 ( 19 ) IN these applicantions the applicants have challenged the decision of the new managing committee for adopting two different criterias for the category of teachers and non-teachers in 6xing the seniority of the members, Since neither the point raised in these applications is not the subject matter of the main writ petition, nor any of the applicants is the writ petitioner, it is not neceessary to express any opinion on the point raised in these applications. Accordingly, all these applications are dismissed. The applicants may, however. Accordingly, all these applications are dismissed. The applicants may, however. fiie afresh representation containing the facts stated in these applications to the new managing committee within four weeks from the date of this order and in case the representations are filed within the aforesaid period, the new managing committee will dispose of the same within three months from the receipt of the representations. CM 6934192 ( 20 ). In this application the applicants have challedged the decision of the new managing committee excluding their names from the membership of the Society on the ground on which a large number of persons are alleged to have been included in the membership. Since the matter has been gone into by the new managing committee we do not think it proper to pass any order on this application as the remedy tor the applicants is to approach the appropriate authority under the Act and the Rules. CM is accordingly dismissed. CM Nos. 6935, 6936 and 7032/92 ( 21 ) IN these applications all the applicants have stated that their claims for membership of the Society have not been considered by the new managing committee so far. Accordingly, we direct the applicants in all these cases to make fresh representation to the new managing committee within four weeks from the date of this order and in case their representationsare received by the new managing committee, the same will be disposed of by the managing committee within th"ee months from the receipt thereof. In- case the applicants are aggrived by the decision of the managing committee, they will he at liberty to challenge the same before the appropriate authority under the Act and the Rules. The applications arc accordingly disposed of. CM 5968192 ( 22 ) IN this application it has been stated that the applicants had been enrolled as the members of the Society, but their names have not been considered by the new managing committee of the Society so far. Since the matter has been an old one, we grant another opportunity to the applicants to submit their representations to the new managing committee within four weeks from the date of this order and in case their representations are received by the new managing committee of the Society within the aforesaid period, the same will be disposed of within three months from the receipt thereof. ( 23 ) WE may also point out here that in case the decision of the new managing committee is against the applicants, the applicants, will be at liberty to challenge the same before the appropriate authority under the Act and the Rules. With this order the applications stand disposed of. CM 3553192 ( 24 ) IN this application, it has been submitted that the applicant had filed a separate writ petition hearing No. 2162/82 challenging the order dated 3rd June, 19,82 passed by the Appellate Tribunal, Co-operative Societies, Delhi and this writ petition was converted into Civil Misc. No. 5699 of 1982 in the C. W. 659/77, The applicant has prayed that Civil Misc. No. 5699 of 1982 be separated from Civil Writ petition No. 659 of 1977. Since the applicant has already availed himself of the remedy under the Act and has challenged the decision of the Appellate Tribunal, we are of the opinion that C. M. 5699 of 1982 should he decided separately. ( 25 ) CM 5699 of 1982 along with CW 2162 of 1982 be listed for direction/hearing on 4th December, 1992. CM 7496/92 ( 26 ) IN this application the applicant the stated that his claim for membership of the Society has not been considered by the new managing committee so far. Accordingly, we direct the applicant to make fresh representation to the new managing committee within four weeks from the date of this order and in case his representation is received by the new managing committee, the same will be disposed of by the managing committee within three months from the receipt thereof. In case the applicant is aggrieved by the decision of the managing committee, he will be at liberty to challenge the same before the appropriate authority under the Act and the Rules. The application is accordingly disposed of.