RAJESH KHANNA Vs. FINANCE COMMISSIONER OF DELHI

JUDGEMENT

(1.) This writ petition under Article 226/227 of the Constitution of India challenges an ex-parte order passed by the Financial Commissioner in appeal which reads as under :-

(2.) I have also perused the impugned order dated 9/11/2001 appointing Shri Madhukar, Joint Director, Directorate of Training & Technical Education Pitampura, Delhi as the Administrator of the Society for six months. Considering the reasons given in the order dated 9/11/2001 passed under Section 32 of the Co-operative Societies Act persuant to a show cause notice, the order dated 22/11/2001 impugned cannot be termed as so perverse so as to warrant interference under Article 226 and 227 of the Constitution of India. The Society had contended before the Registrar that the election had been held and the audit completed. The Registrar found the elections to violate the Act and the Rules and the non-approval of the accounts by the General Body. Considering the fact that the show cause notice inter alia reasoned that the last election was held only on 7th of February, 1999 and the accounts are audited only upto 1997-98, the order of the Registrar finding fault with the Society, inter alia, for not having the accounts placed before the General Body prima facie travels beyond the show cause notice.

(3.) Having considered the above reasons recorded in the show cause notice and the reasons given in the said order dated 9/11/2001 of the Registrar, I am satisfied that there is no infirmity in the order impugned in this writ petition which is an ex-parte order granting a limited operation of the order of the Registrar of cooperative societies. In this view of the matter, there is no merit in the writ petition. It is thus dismissed accordingly.