O P DHINGRA Vs. REGISTRAR COOPERATIVE SOCIETIES

JUDGEMENT

(1.) Petitioners are members of Panchdeep Cooperative Group Housing Society Limited (hereinafter referred to as the "Society"), which is a Society duly registered under Delhi Cooperative Societies Act, 1972 (hereinafter referred to as the "Act"). The petitioners, in this petition instituted on 1/12/1995, have prayed for quashing of the order dated 27/4/1995 (Annexure-O) passed by the Financial Commissioner, Delhi and the order dated 25/8/1995 (Annexure-Q) dismissing petitioners' review application.

(2.) The facts, as they emerge from the respective affidavits filed on record are that on 22/6/1994, show cause notice (Annexure-I) was served upon the Society by the Registrar, Cooperative Societies stating that the Society, which is required to perform certain statutory obligations, namely, preparation of annual accounts for auditing, holding of annual general body meetings and election of one third of the members of the Managing Committee every year, failed to discharge such statutory obligations and there were charges of various other irregularities against the running of the Society. As such, the Managing Committee of the Society was called upon to show cause within a period of 15 days from the date of issue of the notice as to why the Society be not superseded under Section 32 of the Act.

(3.) The reply of the Managing Committee was considered by the Registrar, who also heard the representative of the Managing Committee including O.P. Puri, President, and R.K.Mudgil, Honorary Secretary. B.M.Sethi, Assistant Registrar was heard on behalf of the department. On 13/9/1994, the Registrar proceeded to pass order (Annexure-K) discharging the notice, after coming to the conclusion that there was no reason to supersede the Managing Committee. However, while discharging the show cause notice dated 22/6/1994, he observed that Joint Registrar, Cooperative Societies will continue pursuing vigourously the action already initiated under Sections 33 and 82(5) of the Act and will also initiate action for early conduct of the elections, which are overdue.