SHEETAL VIHAR COOPERATIVE GROUP HOUSING SOCIETY LTD AND ORS Vs. REGISTRAR COOPERATIVE SOCIETIES AND ORS

JUDGEMENT

(1.) C.M. No.16032/2019

(2.) The submission of Mr.Munjal, learned senior counsel for the petitioner, firstly, is that the said order has been passed illegally and without any jurisdiction. He submits that if any member of the petitioner no.1/society was aggrieved by the election of petitioner nos.2 and 3 as the President and Secretary of the said society respectively, it was for them to challenge the same in an election petition under Section 70 of the Delhi Cooperative Societies Act. He further submits that the reply submitted by the petitioners on 31.07.2018 to the notice dated 02.05.2018, has not been considered by the Registrar of Cooperative Societies while passing the impugned decision.

(3.) Mr.Munjal has further contended that even though the petitioner nos.2 & 3 were not primary members of the petitioner no.1/society, they could be authorized by the primary members to vote and attend meetings on their behalf. In support of his aforesaid contention, Mr.Munjal sought to place reliance on the first proviso to Rule 22(1), which entitles a person whose name stands first in the share certificate to authorise others to vote and attend meetings on his behalf. In this regard, he also places reliance on a decision of the Division Bench of this Court in Krishna Devi & Anr. vs. Rajasthan Cooperative Group Housing Society Ltd. & Ors., W.P.(C) No.5849/2014 decided on 01.10.2014.