SANJIV KUMAR DIXIT Vs. REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 14.12.2006 passed by the Financial Commissioner in a revision petition under Section 80 of the Delhi Co -operative Societies Act, 1972 (hereinafter referred to as the said Act) whereby the Financial Commissioner upheld the order of the Registrar of Co -operative Societies passed on 05.04.2002 by the said Registrar in the appeal by the petitioner under Rule 35(7) of the Delhi Co -operative Societies Rules, 1973 (hereinafter referred to as the said Rules) read with Section 26 of the said Act. The petitioner had approached the Registrar of Co -operative Societies for the reason that his name was not being included as a member in place of his father who had passed away on 09.03.1997. This was despite the fact that the petitioner was declared as a nominee by his late father Mr Vidya Bhushan Dixit who was an original member having membership No. 250 of the said society. The petitioner 's appeal before the Registrar of Co -operative Societies was dismissed by the order dated 05.04.2002 on three grounds.

(2.) THE first ground was on the question of limitation. The second ground was that no application had been filed by the petitioner seeking the transfer of membership. The third ground was that the petitioner was not a resident of Delhi and, therefore, stood disqualified in terms of Model Bye -Law No. 5(1)(a) which was also applicable to the respondent society.

(3.) THEREAFTER , the Managing Committee passed a resolution in its meeting held on 03.06.1998 to the following effect: