P P MALHOTRA Vs. REGR COOPERATIVE SOCIETY

JUDGEMENT

(1.) Both petitions raise common issues of fact and law and are being disposed of by common order. The short point involved is whether Registrar (R-2) could have held in his supersession order dated 28.7.1994 passed under Section 32 of DCSA that exercise of voting rights by petitioners and their participation in elections was illegal in derogation of terms of award dated 23.10.1987 as affirmed by the Tribunal in appeal.

(2.) Petitioners became joint members of R-2 society on 18.3.1984 and 16.3.1986 respectively with their spouses. They also claim to have filed a declaration with the society that henceforth they would have exclusive right to vote and participation in elections and on this their name was shown first in their share certificates. Later some other members challenged this in AC No. 54/87 leading to passing of award dated 26.10.1987 upholding their voting rights and their participation in the elections. An appeal was taken against this award but it was affirmed by the Tribunal vide order dated 13.5.1988. Subsequently, R-1 issued show cause notice dated 8.7.1994 under Section 32 to R-2 society which was replied but he eventually passed supersession order dated 28.7.1994 holding petitioners' voting rights and their participation in the elections illegal. He also held that award dated 20.10.1987 had neither upheld their voting rights nor had Tribunal affirmed so which according to him had dismissed the appeal on the point of limitation only.

(3.) Petitioners took appeal against this before Financial Commissioner but failed.