A. S. Nagamani v. Vishwabharathi House Building Co-Operative Society Ltd. , represented by its President, K. Jayaram
2013-06-04
B.SREENIVASE GOWDA, N.KUMAR
body2013
DigiLaw.ai
JUDGMENT 1. These contempt proceedings are filed complaining of disobedience of the order dated 16.11.2010 passed by this Court in writ petition No. 18496/2004 and other connected matters. In the said order at para 39 this Court has set out how the seniority list of genuine members is to be prepared. It reads as under:- "39. The order passed by the Government is a conditional one. It is made keeping in mind the interest of genuine members of the society who had applied for sites at the earliest point of time. Therefore, it is made very clear that BDA should ensure that the bulk allotment of land made to the society is not misused and benefit of that order should go to genuine senior members of the society. In order to ensure that the BDA applies its mind and prevent any such illegality, it is necessary that BDA should have a requisite information before them. Therefore, it is obligatory on the part of the society to prepare a list of its members with membership number, date on which they became members, the date on which they applied for sites, the date on which they have made payment towards allotment of sites and if any allotment of site is already made, the date on which the allotment is made and if possession certificate is granted, the date on which possession is given with full particulars of the possession certificate and if sale deeds are executed, with the particulars of the sale deeds. The society, after preparing such list of genuine members, according to seniority with all those particulars, shall furnish a copy of the same to the BDA. They shall also duly publish the same in their notice board. They shall also publish the same in one Kannada and English daily for public scrutiny. They also shall furnish all the information in the web site of the society if it is already there, if not, after creating a web site for public information. If a dispute arises regarding genuineness of the membership regarding seniority of the membership, as directed by this Court in the earlier proceedings, all such disputes shall be decided by the Registrar of Co- operative Societies and his decision is always subject to appeal and other remedies which are available to the said parties". 2.
If a dispute arises regarding genuineness of the membership regarding seniority of the membership, as directed by this Court in the earlier proceedings, all such disputes shall be decided by the Registrar of Co- operative Societies and his decision is always subject to appeal and other remedies which are available to the said parties". 2. The grievance of the complainants is the seniority list is not prepared in accordance with the directions issued by this Court, if there is any mistake therein then it is for them to approach the Registrar of Co- Operative Societies for adjudication of seniority but when seniority list itself is not prepared in accordance with the directions issued it is only this Court can go into the said question and issue appropriate directions. The seniority list which is prepared by the Society has shown to the Court. It has also web hosted in terms of the direction issued by this Court. Therefore it cannot be said seniority list is not prepared in terms of the directions issued by this Court. Clause 3 of the aforesaid order makes it clear all such members who have any objection for such seniority list they have to approach the Registrar of Co-operative Society for determination of their seniority. Therefore the question whether seniority list is prepared in terms of the court order, whether the members seniority is in accordance with their seniority, whether their objections to seniority list has properly been considered by the Society are all matters which falls with in the jurisdiction of Registrar of Co-Operative Societies. In that view of the matter these contempt proceedings are misconceived. 3. Accordingly contempt proceedings are dropped, reserving liberty to the complainants to approach the Registrar of Co-Operative Societies. If they approached the Registrar of Co-Operative Societies, he shall consider the same and pass appropriate orders in accordance with law keeping in mind the observations made by this Court in aforesaid writ petitions as well as this order.