statement that the respondent had ceased to be a member itself shows that they accept that the respondent was enrolled as a member at the first stage. For cancellation of membership, the petitioner has failed to show that they have followed rules and regulations of expulsion as envisage in Rule 36 of the Delhi Cooperative Societies Rules, 1973 as well as the procedure as laid down by the RCS office vide its directive dated F-47/GH/Directive/89-90 dated 26th March, 1990. Similarly, the petitioner has also failed to follow the procedure laid down under Section 40 of the Act, which stipulates that the expulsion or cessation has to be approved by the Registrar, Cooperative Societies. Unless, the said action was approved by the Registrar, Cooperative Societies, it cannot be termed that cessation or expulsion is legal. The petitioner Cooperative Society has nowhere pleaded nor has placed on record any document that the cessation of the respondent has been approved by the Registrar, Cooperative Societies. It is also not pleaded by the petitioner Cooperative Society that the respondent has at any time tendered resignation from membership and that the society has refunded the amount deposited by the respondent.
