SURESH KUMAR GUPTA Vs. STATE AND ORS.

JUDGEMENT

(1.) THE petitioner has challenged the validity of Section 40(3) of the Delhi Cooperative Societies Act, 2003 which contains a deeming provision that in case the resolution for expulsion of a member, passed by the managing committee of the society, is not considered by the Registrar and no order is passed within a period of 180 days, then there would be a deemed approval of expulsion of the member. The plea taken by the petitioner is that this provision is violative of the provisions of Article 14 of the Constitution as also the principles of natural justice inasmuch as merely because of the inaction on the part of the Registrar, the petitioner would suffer expulsion inasmuch as there would be deemed approval of the resolution passed by the managing committee if no decision is taken by the Registrar within 180 days.

(2.) HOWEVER , we find that in the present case, the deeming provision of Section 40(3) is not in question at all, inasmuch as there is an order passed by the Registrar on 12.10.2009 whereby the approval of the expulsion of the petitioner has been granted. It is not a case of a deemed approval but of an order passed by the Registrar under Section 40 of the said Act.

(3.) WE feel that the impugned order is virtually a non -speaking order and, therefore, the same ought to be set aside and the matter be remanded to the Registrar for a decision afresh giving reasons with regard to each of the objections raised by the petitioner.