RITU SAHU JAIN Vs. ASHOK SARDANA AND OTHERS

JUDGEMENT

(1.) Ritu Sahu Jain, the petitioner in this writ petition, impugns the order dated 12th April, 2005 passed by the Financial Commissioner holding that she was disqualified from being a member of the Nav Sansad Vihar Cooperative Group Housing Society Limited (Cooperative Society, for short) under Rule 25 of the Delhi Cooperative Societies Rules, 1973 (Rules, for short) as she was the owner of 1000 square metres of land in the extended village abadi in the village Kapashera, New Delhi.

(2.) The contentions raised by the petitioner are as under:-

(3.) The present writ petition was allowed by the judgment dated 8th Feb., 2011, recording that the Financial Commissioner had failed to discuss, much less decide, the foremost contention relating to his authority. The revisional power under Sec. 80 of the Act which stands vested in the Lieutenant Governor of the Union Territory of Delhi was erroneously exercised by the Financial Commissioner. The power and jurisdiction of the Financial Commissioner as an appellate authority was restricted to Sec. 76 of the Act. Therefore, the revision petition preferred before the Financial Commissioner by Ashok Sardana, the respondent No. 1 herein, was not maintainable.