HARKESH Vs. MADAN JHA FINANCIAL CIMMISSIONER

JUDGEMENT

(1.) Orders (annexures-A and C) passed respectively by the Registrar Co-operative Societies, Delhi Administration and the Financial Commissioner, Delhi are under challenge in this petition filed under Article 226 read with Article 227 of the Constitution of India.

(2.) Respondent No.4 made a complaint and thereby raised a dispute as regards the membership of the petitioner in the Wazirabad Multipurpose Co- operative Society Limited alleging that the petitioner had incurred disqualification in terms of Rule 25(1)(c) of the Delhi Co-operative Socieites Rules, as such, his name was liable to be struck off as a member of the society in question. It was alleged that the petitioner owns plot No.9, Block 14, in Indira Vikas Colony and had also been allotted plot No.B-102 in the society, which was contrary to the Rules. was alleged that the petitioner had suppressed the fact that he was allotted plot No.9 in block No.14, Indra Vikas Colony and because of this he had incurred disqualification. A reference accordingly was made under the Delhi Co-operative Socieites rules, 1972.

(3.) The Registrar, Co-operative Societies through his order dated 16.4.1992 (annexure-A) allowed the complaint of respondent No.4 and held that the petitioner had incurred disqualification under Rule 25(1)(c) of the Rules and, therefore, his membership in Wazirabad Co-operative Multipurpose Society Ltd. be ceased. Aggrieved against this order, a revision was preferred by the petitioner before the Financial Commissioner under Section 80 of the Act. The Financial Commissioner on 22.9.1994 dismissed the revision through in his order (annexure-C) holding that the Registrar after full enquiry had come to his conclusion that the petitioner had been allotted a plot from the Deputy Commissioner's Office and no interference was called for with such conclusion arrived at by the Registrar that the petitioner owns plot No.9, Block 14 in Indira Vikas Colony. The above orders of the Registrar Co-operative Socieites and the Financial Commissioner are under challenge in this writ petition on behalf of the petitioner.