ANAG PAL SINGH Vs. REGISTRAR COOP. SOCIETIES

JUDGEMENT

(1.) THE Prayer in this Petition is for the issuance of a writ, order or direction in the nature of Certiorari quashing the Order dated 26.9.2007 passed by the Registrar Cooperative Societies (RCS) halting and postponing the elections scheduled to be held on 29.9.2007.

(2.) BRIEFLY stated, the facts of the case are that the Kohat Cooperative Housing Building Society is under super session for the last fourteen years. By its letter dated 14.7.1992 the Joint Registrar (HB) Cooperative Societies, Delhi had informed the Delhi Development Authority (DDA) that the Kohat Cooperative House Building Society had developed 500 residential plots and that its membership was equal to its members. It also noted that there was a likelihood that some land out of eight acres may be available for further allotment and hence a Waiting List was being maintained. It was further recorded that there was no proposal for allotment of additional land to the Society. The Director(Delhi Division), Ministry of Urban Development, had addressed a letter dated 12.9.1994 to the DDA, the essential portion of which reads as follows :-

(3.) THE Lieutenant Governor of Delhi appears to have issued directions to the Registrar Cooperative Societies to hold elections latest by 30.9.2007 as asequel to which Respondent No. 2, Shri N.L. Sethi, was appointed as the Returning Officer (RO) to conduct the elections. Meanwhile, the Administrator of theSociety had got its Audit completed for the period 2004-2005 to 2005- 2006 and 2006-2007 in which the Petitioner and some others were duly shown as members ofthe Society. In other words, the Administrator had also found in favour of the Petitioners herein, in addition to the Arbitrator, and this List had been dulyforwarded to the Registrar, Cooperative Societies. The RO, Shri N.L. Sethi,thereafter issued an Agenda Notice in respect of the election programme in which Nomination Forms were to be collected on 14.9.2007 and were to be filed by 17.9.2007. By Notice dated 18.9.2007 the RO notified all members of the Societyof the - "Valid list of candidates for the election of the Kohat CGHS Ltd. to beheld on 29.9.2007". The Petitioner and Dr. Raghunath Sharma are contesting forthe post of President. What next follows is the letter dated 26.9.2007, authoredby the Assistant Registrar (N/W), Government of National Capital Territory, NewDelhi on the subject - "Postponement of election of Managing Committee of KohatCoop House Building Society fixed for 29.9.2007" which is a non-reasoned Orderand cryptically states thus :-