THE ALAKNANDA COOPERATIVE GROUP HOUSING SOCIETY LTD. AND ANOTHER Vs. FINANCIAL COMMISSIONER, COOPERATION AND PRINCIPAL SECRETARY TO GOVT. HARYANA AND OTHERS

JUDGEMENT

(1.) Instant writ petition is directed against the order dated 18.05.2011 (Annexure P -23) passed by the Financial Commissioner and Principal Secretary to Govt. of Haryana, Cooperation Department, whereby the revision petition filed by the petitioner -Society was dismissed and the order dated 21.12.2006 (Annexure P -21) passed by Registrar, Cooperative Societies, Haryana was upheld, holding respondent No.3 eligible to be a member of the petitioner - Society.

(2.) Briefly put, facts necessary for disposal of the present writ petition are that respondent No.3 submitted an application to the petitioner -Society in January, 2003 for his enrollment as member of the petitioner -Society. The Society vide letter dated 03.07.2003 (Annexure P -1) asked respondent No.3 to supply the requisite documents about his eligibility for becoming member of the petitioner -Society, but when respondent No.3 did not supply the requisite documents in response to communication dated 03.07.2003 (Annexure P -1), petitioner -Society wrote another letter dated 29.10.2003 (Annexure P -2). Respondent No.3 vide his letter dated 06.11.2003 (Annexure P -3) supplied the documents along with his affidavit. However, a combined reading of Annexures P -3 and affidavit of respondent No.3, would show that he did not establish his eligibility for membership of the petitioner -Society. It is pertinent to note here that vide communication dated 17.11.2003 (Annexure P -5), Manager of the petitioner -Society informed respondent No.3 that documents sent by him were in order but he did not refer to the eligibility of respondent No.3 for becoming member of the petitioner -Society, because of which this communication dated 17.11.2003 (Annexure P -5) would be of no consequence.

(3.) On close scrutiny of the documents supplied by respondent No.3, petitioner -Society found that respondent No.3 was not fulfilling the eligibility criteria for becoming member of the petitioner -Society. Vide communication dated 27.10.2004 (Annexure P -6), respondent No.3 was asked to show his eligibility for membership of the petitioner -Society. This letter dated 27.10.2004 (Annexure P -6) was replied by respondent No.3 vide his letter dated 31.10.2004 (Annexure P -7). Matter remained pending consideration before the petitioner - Society regarding the eligibility of respondent No.3 for becoming member of the petitioner -Society. Both the parties have been corresponding with each other, which is clear from different communications contained in Annexure P -8 to Annexure P -13.