SATISH CHANDRA Vs. REGISTRAR CO OPERATIVE

JUDGEMENT

(1.) . This is a petition filed by the petitioners praying, inter alia, to declare that amenoed Rule 53 of the Delhi Co-operative Societies Rules, 1973 (for short the Rules) as unconstitutional a(nd consequently any business transacted at meetings pursuant to the said Rule to be,illegal and inoperative. The petitioners have further prayed thatSec.34 of the Delhi Cooperative Societies Act, 1972 be declared unconstitutional and ultra vires of the Constitution. Lastly, the petitioners have prayed for issuance of a writ of mandamus to the Registrar, Co-opeative Societies to forthwith appoint an Administrator of the respondent-Society under Sec.32 of the Delhi Co-operative Societies Act, 1972.

(2.) . Briefly stated the facts leading to the filing of the writ petition are that the petitioners were members of The Supreme Co-operative Group Housing Society Ltd. The land to the Society was given on 3rd May, 1983 at Mayur Vihar Phase-I. The Society appointed M/s Raj Rewal as their architect. The main grievance of the petitioners had been that the appointment of the Architect Mr. Raj Rewal was illegal as he charged 3 per cent as his professional fees on the cost of project. According to the petitioners the appointment of the said Architect on 6th January, 1984 by the General Body was illegal as there was no quorum nor the agenda circulated contained the item of such appointment.

(3.) . The petitioners who are advocates appeared in person inter alia argued that under bye law 19(v) of the Society an item not on agenda ought not to have been discussed. The petitioners moved theRegitrar, Cooperative Societies under Sec.60 of the Delhi Cooperataive Societies Act on 5th September, 1986. The disputes were referred to the Arbitrator who rejected the claims of the petitioners. Against the said order the petitioners filed an appeal under the Act before Delhi Co-operative Tribunal which was also dismissed on 20th February, 1989 by a well reasoned order. It is important to reproduce the following paragraphs of the said order:-