PRADEEP KUMAR Vs. REGISTRAR COOPERATIVE SOCIETY AND ANR

JUDGEMENT

(1.) We have heard learned counsels for the parties. The Registrar of Cooperative Societies (RCS) is also present and he has also made his submissions and we proceed to dispose of the present petition.

(2.) The petitioner had preferred this petition with the grievance that even though respondent No. 2 Society had forwarded the KYC particulars of all the available members, the Registrar of Co-operative Societies (RCS) had not yet finalized the list of eligible voters. The concern of the petitioner was that the elections to the respondent No. 2 Society/ co-operative bank were required to be held on or before 17.07.2019, of inaction on the part and on account of the same may be delayed. Consequently, we issued notice to the RCS requiring it to file an affidavit on the said aspect and to report the status of the verified list of members. On 25.04.2019, it was stated on behalf of the RCS that steps taken by the respondent Society in compliance with Section 40 read with Rule 31(1) of the Delhi Co-operative Societies Act and Rules, were deficient. Consequently, the respondent society/ bank had issued public notice on 18.03.2019 in the Hindustan Times as well as in the Hindustan (Hindi) in compliance with Section 40 read with Rule 31(1) of the Delhi Co-operative Societies Act and Rules. The members were called upon to submit their KYC particulars and were asked to appear before the Board of Directors of respondent No.2 on 21.04.2019 in response to the notice. We directed the respondent society/ bank to communicate to the RCS within one week, the outcome of the exercise undertaken by it. We also directed the RCS to proceed strictly in terms of the Act and Rules to ensure that the holding of the elections, scheduled to be held on or before 17.07.2019, is not delayed. The matter was adjourned to 20.05.2019 for directions. It was further adjourned to 23.05.2019 i.e. today.

(3.) A status report has been filed by the RCS, wherein it is stated that the existing position, as informed by the respondent No.2 bank, was that there were 16,417 non verified members. 28 members represented themselves in the Board meeting of the respondent society/ bank and their memberships were found to be in order. From amongst the list on non-verified members, 1062 member have closed their accounts. The final position, therefore, which emerged, according to the respondent No.2 society/ bank was as follows: