RAVINDRA KUMAR HAJELA Vs. REGISTRAR OF CO

JUDGEMENT

(1.) The challenge in the present petition is two-fold. The first is a challenge to the expulsion of the Petitioner as member of Respondent No. 3, Nav Bharat Times Apts. Group Housing Society (hereafter "Society"). The other prayer is to declare the elections to the Management Committee of Respondent No. 3 Society to be illegal inasmuch as the Petitioner's name was not included in the voters" list.

(2.) Preliminary objections have been raised by Respondent No. 3 Society in the short counter-affidavit filed in response to the notice issued in the present petition. It is pointed out that the Petitioner is in fact not a member of the Society, and therefore, cannot maintain the present petition. More importantly, it is stated that there is a statutory remedy available to the Petitioner in terms of Sections 70 and 71 of the Delhi Cooperative Societies Act, 2003 ("Act"), and therefore, the Court should decline to entertain the present petition under Article 226 of the Constitution. It is pointed out that the Petitioner has already lodged a protest in writing with the Assistant Registrar of Co-operative Societies and has approached this Court without waiting for a response thereto.

(3.) Learned counsel for the Petitioner states that his expulsion from the Society was illegal. He seeks to rely on Section 35 of the Act to contend that the aforesaid elections were not held in accordance with law.