JAGDISH SINGH Vs. LT GOVERNOR DELHI

JUDGEMENT

(1.) Leave granted.

(2.) In this appeal, the order of the Registrar, Cooperative Societies, Delhi Administration dated 23rd February, 1993 directing that the appellant ceases to be a member of Dronacharaya Cooperative Group Housing Society as well as Tribal Co-operative Housing Society Ltd., the Revisional Order of the Lt. Governor, Delhi dated 25th August, 1993 dismissing the Revision filed by the appellant as well as the judgment of the Delhi High Court dated 20th March, 1996 passed in Writ Petition (Civil) No. 4924 of 1993 have been challenged.

(3.) Admittedly, the appellant became a member of Dronacharaya Co-operative Group Housing Society on 9th August, 1980. The said Society was allotted land within the Union Territory of Delhi by Delhi Administration for construction of flats for allotment to its members. The appellant being a member of the society desirous of purchasing a flat on being directed by the society deposited initially a sum of Rs. 8,000/- and thereafter different sums of money on different dates, in all Rs. 3.35,015/- by 20th of June, 1991. While he was a member of Dronacharaya Co-operative Group Housing Society, he also got himself enrolled as a member of another Society called Tribal Co-operative Housing Society Ltd. on 29th of November, 1983, but later on he resigned from the said Tribal Co-operative Housing Society Ltd. on 7-6-1991. The Registrar, Co-operative Societies issued a notice to the appellant on 22nd October, 1992 in exercise of his powers under subrule (4) of R. 25 of the Delhi Co-operative Societies Rules, 1973 (hereinafter referred to as Rules) stating therein that the appellant could be enrolled as a member of the Tribunal Co-operative Housing Society Ltd,. by filing a false affidavit and declaring that neither he nor his wife nor any of his dependent relations has been a member of any other House Building Co-operative Societies and thus has incurred the disqualification under R. 25(1)(c)(iii) of the Rules and consequently ceases to be a member of the society under sub-rule (2) of R. 25. The Registrar called upon the appellant to reply to the show cause notice within 15 days from the date of issue of the notice. The appellant in his reply indicated that he was not aware of the relevant provisions of the Rules prohibiting a member of one society to become a member of another Co-operative Society. At any rate he has tendered his resignation from the Tribal Co-operative Housing Society Ltd, since June 1991 much prior to the issuance of the notice of show cause, and therefore, the alleged disqualification under R. 25(1)(c)(iii) was no longer subsisting. The Registrar of the Co-operative Societies, however, by his order dated February 23, 193 came to the conclusion that the appellant has incurred the disqualification for membership under R. 25(1)(c)(iii) of the Rules as he got himself enrolled as a member of the Tribal Co-operative Housing Society Ltd. while continuing as a member of the Dronacharaya Co-operative Group Housing Society, and therefore, his membership of both the societies ceases. Being aggrieved by the aforesaid order the appellant preferred a Revision to the Lt. Governor of Delhi and the said Revision having been dismissed by order dated 25th August, 1993, the appellant preferred a writ petition on Delhi High Court. The High Court by Judgment dated 20th March, 1996 agreed with the conclusion of the Registrar and came to hold that by virtue of R. 25(2) the appellant automatically became disqualified for the membership of both the societies and as such there is no error with the orders passed by the Registrar of Co-operative Societies and affirmed by the Lt. Governor, hence the present appeal.