BASANT KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners through this civil writ petition by virtue of Articles 226/227 of the Constitution of India seeks quashing of orders dtd. 29/9/2021 (Annexures P-13 and P-14) passed by the State of Haryana claiming it to be arbitrary, discriminatory and unsustainable in the eyes of law. The claim is based on the averments that Shanti Niketan Group Housing Society, Sector 52, Gurugram (respondent No.6) is a registered society under the Haryana Cooperative Societies Act, 1984 ( in short, 'the Act') bearing registration No. 113 dtd. 23/5/2003. The primary object of the Society is construction and development of group housing flats for its members. The Society was allotted plot bearing No. GH-01, Sector 52, Gurugram. Initially there were 77 members of the Society whose strength subsequently was increased to 98. As per the bye laws of the Society, the Managing Committee is competent to enroll new members in the Society. It is alleged that on account of certain acts of misconduct of the members, the committee vanished and vide order dtd. 4/12/2015 the Assistant Registrar Cooperative Societies Gurugram appointed an Administrator of the Society. The crux of the dispute is over enrollment of certain members after 31/3/2011 other than the so claimed original members numbering 98. The respondents No. 6 to 11 have opposed enrollment of the new members and on account of wrangling between the members a general body meeting of the Society was held on 26/3/2017 after due notice by the Inspector, Cooperative Societies, Gurugram.

(2.) Disgruntled members had perused legal recourse through revision petition No. 16 of 2017 and which as per the claim of the present petitioners they were not made a party and the proceedings were initiated at their back. It is worthwhile to refer here that the general body meeting resolution dtd. 26/3/2017 was upheld vide meeting of the Society held on 7/5/2017. The primary grouse of the petitioners is over the orders dtd. 29/9/2021 (Annexures P13 and P14) which are sought to be challenged on account of illegality, perversity and unsustainability in view of the provisions of the Act.

(3.) The respondents in their replies to the petition besides taking preliminary objections of non-maintainablity of the petition as all persons interested in the dispute were not made parties and contending that general body meeting had ensured and held the earlier resolution of the Society which cannot be challenged by way of instant revision petition and taking the plea such a challenge through civil writ petition is not permissible beyond the scope of the Act and that the strength of the members of the Society cannot be more than the number of the flats.