ANIL GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Some time in the year 1989-90 the petitioner raised a dispute under Section 60 of the Delhi Cooperative Societies Act, 1972 ( hereinafter referred to as 'the Act, for short) complaining of failure on the part of the society in alloting a plot to him. He had sought for a declaration that he was bonafide and legal member senior to respondent No.2 and that respondent No. 3 was not a bonafide and legal member of the Society. The respondent No.2 filed a reply raising an objection that the petitioner was not a member of the Society as the Managing Committee of the Society had never approved his membership nor issued a share certificate to him.

(2.) The Joint Registrar (Arbitration) exercising powers of the Registrar held by his order dated 26.12.1990 (Annexure-F )that the petitioner never became a member of the Society and could not have filed a dispute under Section 60. Rule 30 of the Delhi Cooperative Societies Rules, 1973 (hereinafter 'the Rules', for short) laying down procedure for disposal of application for admission of member was not fully complied with. Merely bymoving an application and paying Rs. 110.00 no person can become a member of the Society. The petitioner did not have locus standi to file the case. The case filed by the petitioner was liable to be dismissed by reference to Clause (iii) of sub-rule (4) of Rule 88.

(3.) Aggrieved by the dismissal in limine of the claim filed by the petitioner, he preferred a revision petition under S. 78 (6) of the Act to the Cooperative Tribunal. The Tribunal has held that the order of the Registrar having been passed under section 60 of the Act no revision lay to the Tribunal. The revision has therefore been dismissed as not maintainable.