RAMDHAN Vs. RAJ. STATE COOPERATIVE TRIBUNAL AND ORS.

JUDGEMENT

(1.) INSTANT petition has been filed by the petitioner who as alleged to be a member of the cooperative society -respondent -2 and his application to make his wife as nominee -member of the society being finally declined by the State Cooperative Tribunal vide order impugned dt. 19.8.2010 has approached this Court by filing instant petition.

(2.) AS alleged in the writ petition, the petitioner became member of cooperative society -respondent -2 vide letter dt. 23.2.1963 and he deposited requisite fees including share capital & admission fee while becoming member of the society. For the first time on 28.05.08 he filed application that because of his old age his wife may be made his nominee -member of the society and when that was declined and not accepted by the society the matter came up before the Deputy Registrar (Housing) -cum -Arbitrator who after taking into consideration the material on record observed that since there is no application placed on record about his resignation being submitted, in absence thereof decision of general body meeting dt. 16.2.1964 in regard to resolution No. 5 accepting his resignation, cannot be taken note of and in such circumstances finally observed in its order dt. 31.3.09 permitting the petitioner to be a member of the society and accordingly directed the society to consider his application to make his wife as nominee -member in accordance with law, which was challenged by way of appeal before the State Cooperative Tribunal by the cooperative society and the learned Tribunal in its order impugned dt. 19.8.2010 however observed that the petitioner became member of the cooperative society in February, 1963 and the society in its general body meeting held on 16.2.1964 attended by 16 members in its resolution No. 5 accepted resignation of the petitioner and he never attended any meeting of the society thereafter and for the first time application was moved by the petitioner on 18.5.08 followed with subsequent reminders for making his wife as nominee -member of the society. Taking note of resolution -5 of the society which was passed in the general body meeting held on 16.2.1964 the learned Cooperative Tribunal declined to consider application of the petitioner to make his wife as nominee member and set aside the award passed in his favour under order impugned dt. 19.8.2010.

(3.) COUNSEL further submits that the Tribunal was basically of the view that after 46 years of alleged acceptance of resignation application moved in May, 2008 could not be considered, however there is no such limitation prescribed under the provisions of Cooperative Society Rules, in absence whereof, the application submitted by the petitioner at belated stage could not have been rejected on the premise that it has been furnished after 46 years, more so when the petitioner was never tendered resignation and which he always disputed being accepted by the society and even his membership and admission fee was never refunded to him, in such circumstances, the finding of the Tribunal is not legally sustainable.