RAJESHWAR KUMAR GUPTA Vs. LT. GOVERNOR AND ORS.

JUDGEMENT

(1.) THIS Writ Petition has been filed by a practicing Advocate of this Court under Article 226 and 227 of the Constitution of India and prayed for the issuance of a Writ, Order or Direction in the nature of Quo warranto & Certiorari or in the nature of Mandamus or any other appropriate Writ/Order or Direction in the nature of the case thereby commanding the Respondents to act strictly in accordance with law and to quash/ set aside the notification No. F.47/ Coop/ 16/ Policy/ 05/ ii/ 690 -98 and F.47/ coop/ 16/ Policy/ 05/ ii/ 699 -707 dated 26.5.2006, whereby the Respondent Nos. 1 to 3 constituted the Delhi Co -operative Tribunal i.e Respondent No. 4 unconstitutionally and contrary to the mandate of law and being void ab initio in view of specific provisions of Section 114 of Delhi Co operative Societies Act 2003 (herein after referred as DCS Act 2003) and prevailing provisions of Rule 143 & 144 of the Delhi Co -operative Societies Rules (herein after to be referred as DCS Rules, 1973) and for striking down Rule 3 of the Delhi Cooperative Tribunal Rules (herein after to be referred as DCT Rules, 2006) with the direction to the Respondents to constitute a proper and valid Delhi Co operative Tribunal strictly in accordance with the provisions of the DCS Act 2003 and DCS Rules 1973.

(2.) THE main question that came up for consideration in this Writ Petition is that whether the constitution of D.C. Tribunal is constitutional, legal and as per the rules or not.

(3.) TO buttress his above said arguments, it is submitted by the Petitioner that the DCS Rules, 1973 were framed under the provisions of the DCS Act, 1972 and the Act, 1972 stands repealed with effect from 1.4.2005 since when the DCS Act, 2003 came into force but the DCS Rules, 1973 which were framed under the DCS Act, 1972 are not repealed. Rule 144 (2) of the DCS Rules, 1973 prescribes that the Presiding Officer or the President of the Tribunal shall be the person who has been a judge of any High Court, or a retired Distt. Judge or a person who has for not less than 10 years been an advocate or a pleader, or who has held the office of the Registrar, Joint Registrar, or Deputy Registrar for not less than continuous period of three years at a time, or has not less than five years' judicial experience at his credit. Provided that the Lt. Governor shall be competent to relax the qualifications in case of any person otherwise qualified in his opinion, which shall not be called in question in any Civil or Revenue Court.