SHAFIQUR REHMAN KIDWAL Vs. REGISTRAR

JUDGEMENT

(1.) This writ petition has been preferred by the petitioner challenging the order passed by the respondent No. 1 under Section 32 of the Delhi Cooperative Societies Act appointing Sh. J.P.S. Kataria, Assistant Registrar with the direction to hold the elections. The said order was upheld by the Appellate Authority, namely, the Financial Commissioner, which is also under challenge in this writ petition.

(2.) This Court issued notice on the writ petition. I am informed by the Counsel appearing for the parties that this Court by order dated 10th March, 1999 stayed the operation of the impugned order dated 13th January, 1999 and, therefore the Election Officer could not proceed with and comply with the directions issued in the impugned order. During the pendency of the present writ petition in this Court, the petitioner and respondent No. 3, who represent parallel Executive Committees, settled all the disputes in between themselves and held an election for the office bearers. In the said election, office bearers were elected and their names are set out in para 4 of the application which is registered as C.M. No. 242/2000. It is stated that by the Counsel appearing for the petitioner as also by the Counsel appearing for the respondent No. 3 that the said Managing Committee elected by the members of the Society should be allowed to manage the affairs of the Society and necessary directions in that regard should be issued by this Court after setting aside the order passed by the respondent No. 1.

(3.) I have heard the learned Counsel appearing for the Registrar, Cooperative Societies. In my considered opinion, when the matter was sub-judice in this Court, the petitioner and respondent No. 3 could not have held an election amongst themselves without any notice and intimation to the Registrar, Cooperative Societies and without permission from this Court. Accordingly, I hold that the said election held as set out in the application filed in this Court is illegal and, therefore, the said election is set aside.