INDER SAIN SHARMA Vs. REGISTRAR DELHI CO0OPERATIVE SOCIETIES

JUDGEMENT

(1.) This writ petition is directed against the order of the Registrar, CooperativeSocieties, dated 26.8.1997 as also the order dated 7.11.1997 passed by theAppellate Authority, namely, the Financial Commissioner, Delhi.

(2.) The petitioners were members of respondent No. 3/Society. The Society videits General Body Meeting held on 6.7.1996 and 27.7.1996 passed a Resolutionexpelling 35 members including the petitioners herein for non-payment of theinstalment which was required to be paid in terms of the demand of the Society. Theaforesaid order of expulsion was sent to the Registrar, Cooperative Societies forconfirmation on the basis of which the Registrar, Cooperative Societies initiatedproceedings on which notices were issued to the petitioners as well. During theproceedings before the Registrar, it was contended on behalf of the Society that allthe 35 members including the petitioners were expelled for non-payments of the firstinstallment of cost of land demanded by the Delhi Development Authority and,therefore, their expulsion was justified. It was also contended that charging of interestof flat rate of 18% was also justified as also the demand of Rs. 25,000.00 ascompensation. lt was contended on behalf of the said 35 members that expulsion isagainst the Rules and that the Society had levied interest at a higher side, that is at18% in violation of the directions issued by the Registrar, Cooperative Societies. Itwas also contended that the demand of Rs. 25,000.00 was also uncalled for.

(3.) The Registrar considered the records and the contentions raised on behalf ofthe expelled members as also on behalf of the Society and thereafter proceeded torender his decision as follows;