RAHUL KATHURIA Vs. REGISTRAR, COOPERATIVE SOCIETIES

JUDGEMENT

(1.) The issues in both the petitions are same and the facts more or less similar, they are therefore being disposed of by this common judgment. The challenge in both these petitions is to the letter of the Registrar of Cooperative Societies (RCS) dated 21.9.2006 which reads as under: ...[VERNACULAR TEXT OMITTED]...

(2.) Rule 24 (2) of the Delhi Cooperative Societies Rules, 1973 (hereinafter referred to as the said Rules?) reads as under:

(3.) By the impugned letter, the request of respondent No.2 society for enrolling of the petitioners as members was rejected on the ground of violation of Rule 24(2) because the petitioners were enrolled as members through inviting of bids for the flats by the respondent No.2 society when as per Rule 24(2) in case of vacancy arising in a cooperative society, then, such vacancies have to be filled pursuant to advertisement in the newspaper and transfer of the flat is at the rates fixed by the Delhi Co-op. Societies Act, 1972 and the said Rules, and not at market rates. In case, the number of applications are more than number of flats, then, the flats have to be allotted by draw of lots, but, it is not permissible for a society to sell the flats at market value including through auction of flats on bids being invited for the same. The cost to be recovered after allotment of plots by draw of lots is in terms of Rule 36 A which reads as under: