NATHU RAM JAIN Vs. REGISTRAR COORPORATIVE SOCIETIES

JUDGEMENT

(1.) By this common judgement, the above six writ petitions are being disposed as the questions arising for consideration are common. The petitioners who claim to be members of the Shivaji Cooperative Group Housing Society Ltd., are aggrieved by the draw of lot, held on 31.12.2000, by the Society. Petitioners have filed the writ petitions to assail the same. Petitioners seek quashing of the draw of lot dated 31.12.2000 and directions for possession being taken back from those who have been allotted the flats pursuant to the impugned draw of lot.' Petitioners claim to be the eligible members who have either been unsuccessful or excluded in the draw of lot held and claim to be entitled to being considered for allotment.

(2.) The detailed facts as disclosed by the CW No.361, 532, 637, 2074, 3497, 4258/2001 petitioner in CW No.3497/2001 are taken for the facility or reference. Petitioner claims to have become a member of the society in the year 1971 with seniority at Serial No.52. The society is stated to have been allotted 2 acres of land on 15.7.1991. The society had initiated proceedings for expulsion of the petitioner on the ground of alleged default in payment under Rule 36. The petitioner was expelled by the society with the approval of the Registrar of Cooperative Societies. The petitioner's grievance is that the former Secretary of the Society misled him into believing that only Rs.93,000.00 were to be paid as against the original amount of Rs.1,51,508.00 which was claimed to be over due. The petitioner claims to have made the payment of Rs.93,000.00 as demanded, but on account of wrong information given by the Society's Secretary to the Registrar that petitioner had not paid the balance sum of Rs.60,330.00 petitioner was expelled. Aggrieved by this action, the petitioner preferred a revision petition against the order of expulsion before the financial Commissioner. Financial Commissioner Vide an order dated 30.11.2000, set aside the order of expulsion and the society was directed to raise the demand against the petitioner, who was to make the CW Nos.361, 532, 637, 2074, 3497, 4258/2001 payment as per the demand. Petitioner claims to have made the payment as demanded by the Society including interest. Petitioner claims to have paid a total, sum of Rs.8,33,576.00. As per the petitioner, the respondent society illegally enrolled 22 new members and on its own conducted the draw of lot on 31.12.2000. The Society made the allotment of the flats illegally to the members but also allotted flats to some of the 22 non-members, who had been enrolled in place of genuine members. The possession of flats is stated to have been delivered to some members as well as to some of the illegally enrolled new members.

(3.) Relevant and material facts of the remaining writ petitions are also briefly noted below: Petitioner, Nathu Ram Jain claims to have become a member of the Society on 10.10.1972 and paid a sum of Rs.6.95 lacs in all towards the cost and construction of the flat. Petitioner was expelled on 3.12.1999 with the approval of the Registrar. Petitioner preferred a Revision Petition before the Financial Commissioner. Order of expulsion was set CW Nos.361, 532, 637, 2074, 3497, 4258/2001 aside and the respondent Society was directed to provide a statement of account to the petitioner. The society demanded a sum of Rs.54,754.00, which the petitioner paid. The Registrar also granted clearance to the petitioner's name as one of the persons in the list of 80 cleared. Petitioner claims that the draw of 31.12.2000 had been conducted by the Society on its own in violation of the directive dated 31.5.1984 of the Registrar issued under Rule 77. Petitioner claims to have become member of the Society in the year 1993. Petitioner claims that he was directed by the Registrar of the Cooperative Societies to clear the dues within one month from 16.11.1999. He complied with the said direction and there was no dispute as regards the petitioner's membership. He claims to have paid Rs.5.64 lacs towards the cost of land and construction. The petitioner was illegally expelled by the Society from membership and his case was referred to the Registrar of Cooperative Societies for approval. The Registrar Cooperative Societies vide orders dated 16.11.1999, directed the petitioner to clear the dues within one month. Petitioner duly paid the amount within the stipulated period and hence continues to be a regular and bona fie member. Petitioner paid a further sum of Rs.38,795/-- on 14.12.1995. The petitioner is aggrieved by the draw of lot conducted on 31.12.2000, where possibly petitioner was not successful. The draw is assailed as illegal and without jurisdiction and in contravention of the directives dated 31.5.1984 issued by the Registrar. Petitioner claims to have become the member in June 1906 and was granted membership No.333. The petitioner claims to have been illegally expelled by the Society along with 20 other members. The petitioner challenged the same in a Revision Petition before the Financial Commissioner along with others. On the Society giving No Objection before the Financial Commissioner of admitting the petitioner among other defaulting members, subject to payment of remaining dues together with interest, within the stipulated period, the expulsion of the petitioner and others was set aside. The petitioner was called upon to pay the amount within 15 days. which he did. Petitioner assails the action of the Society in enrolling 22 members and holding the draw on its own in violation of the directive of 31.5.1984. Petitioner claims to be a regular member of the respondent society. The petitioner claims to have been illegally expelled by the respondent Society by raising wrong demands. The expulsion proceedings were dropped by the Registrar Cooperative Societies vide the order dated 3.12.1999 as the petitioner had cleared all its dues. The petitioners even paid the balance amount on 16.11.1999 making a total sum of Rs.7,15,017.00. The petitioner's name was however wrongfully not included in the list of 80 members cleared by the Registrar of Cooperative Societies on 3.10.2000. Petitioners' name it appears was withheld on account of non-completion of the formality of not filing the affidavit. 'The petitioner's name despite dues being cleared and expulsion proceedings having been dropped was not forwarded. The petitioner assails the draw of lot held on 31.12.2000 as being in violation of the directive of 31.5.1984. Petitioner claims to have become member of the Society on 6.6.1969. The expulsion proceedings were initiated under Rule 36 against the petitioner. The Registrar Cooperative Societies was however pleased to drop the same against the petitioner vide order dated 3.12.1999, since the petitioner had cleared the entire outstandings. The Registrar of Cooperative Societies had also cleared the petitioner's name on 16.11.2000 and sent the same duly approved for allotment of flat. The petitioner assails the draw of lot held on 31.12.2000, where his name was wrongfully excluded. The, draw is assailed as having been held in violation of the directive of 31.5.1984.