IFUNA CO-OPERATIVE GROUP HOUSING SOCIETIES LTD. Vs. REGISTRAR, CO-OPERATIVE SOCIETIES, GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) CM APPL. 11228/2024 (for exemption) Allowed, subject to just exceptions. Accordingly, this application is disposed of. REVIEW PETITION NO. 70/2024. The present review petition has been filed seeking review of the order dtd. 6/2/2024, passed by this Court dismissing the writ petition on merits in view of the judgment of a Coordinate Bench of this Court in T.N. Haokip v. Registrar, Co-operative Societies & Ors.,2022 SCC OnLine Del 1360.

(2.) Learned counsel for the Petitioner-applicant states that the Respondent No.2 failed to produce any documentary proof of her residence in Delhi as required under Sec. 8 of the Delhi Cooperative Societies Act, 1972 ('Act of 1972') and the Delhi Cooperative Societies Rules, 1973 ('1973 Rules') framed thereunder. He states that Respondent No.2 had applied for membership of Petitioner society on 10/7/1986 and the same was duly approved by the Petitioner's managing committee on 18/7/1986. He states that however, the then Registrar of Co-operative Societies ('RCS') vide order dtd. 14/5/1990, declined to approve the Respondent No.2's membership as she had failed to provide proof of domicile in Delhi. He states that subsequently, in the order dtd. 27/3/2009, passed by the RCS and the order dtd. 29/8/2023, passed by the Financial Commissioner, the said authorities had failed to take into consideration the applicable law as it existed in the year 1986 and had erroneously declared Respondent No.2's membership as valid.

(3.) We have considered the submission of the learned counsel for the Petitioner-applicant and perused the record.