BAIJ NATH SINGH Vs. LT GOVERNER OF DELHI

JUDGEMENT

(1.) Aggrieved by the order passed by the Financial Commissioner, the petitioner has filed the present writ petition, inter alia, challenging the order of the Financial Commissioner as well as Registrar, Cooperative Societies holding petitioner not entitled to become member of the respondent No. 6/Society in terms of the bye-law of the Society as well as under Rule 25 of the Delhi Cooperative Societies Rules, 1973.

(2.) Mr. Nigam, learned counsel for the petitioner has contended that the bye-laws of the Society which prescribes a prohibition cannot be made applicable in the case of the petitioner. By-law 5 (e) which is relevant to decided the controversy between the parties is as follows:

(3.) He says that owning of an unpartitioned common area measuring 38 sq. yards in a Village Lal Dora abadi would not be hit by the plain language of bye-law 5 of the Society. He has further contended that house which is an ancestral house in which the petitioner has got a share is in a Lal Dora Village abadi and would squarely fall within the meaning of 'congested locality'. He has further contended that his case is squarely covered by a decision of this Court in CWP No. 3150/85 entitled Navjivan Cooperative House Building Society Ltd. v. Delhi Cooperative Tribunal, Delhi & Others decided on 10-7-1987 where a similar question arose with regard to the interpretation of Rule 25 of the Cooperative Societies Rules: