Disposed

Balram Dhir v. Registrar Co. Operative Societies & Anr.

Delhi HC15 Feb 2024W.P.(C)/2222/2024

Case brief

AI extract

What is this about?

Petitioner approached the Court regarding violation of Section 91 of the Delhi Co-operative Societies Act, 2003, alleging office bearers hold multiple memberships. The Court directed the Registrar to decide pending representations via a reasoned order within four weeks and disposed of pending applications, leaving contentions open.

What did the court decide?

Direction to Registrar of Cooperative Societies to decide pending representations by reasoned order within four weeks.

Balram Dhir Vs Registrar Co. Operative Societies & Anr. — Cooperative Societies | Delhi HC (2024)

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$~57

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 2222/2024 and CM APPL. 9223/2024, CM APPL. 9224/2024 BALRAM DHIR ..... Petitioner

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Through: Ms. Jasmine Damkewala and Ms. Vaishali Sharma, Advocates

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versus

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REGISTRAR CO OPERATIVE SOCIETIES & ANR. ..... Respondent

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Through: Mr. Anupam Srivastava, ASC, GNCTD with Ms. Sarita Pandey, Advocate for R-1 Mr. Rakesh Mukhija, Advocate (through VC) for Respondent Society

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CORAM:

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HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R

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% 15.02.2024

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Present writ petition has been filed seeking issuance of directions to the Respondents to strictly comply with Section 91 of Delhi Co-operative Societies Act, 2003 (the “Act”) which provides that no purchaser of a flat shall be entitled to more than one membership in a housing society. The Petitioner further prays for disqualification and removal of errant office bearers and members of the B.C & L.I.G. Co-operative Group Housing Society Limited (the “Society”) who are holding more than one membership in the said Society.

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Learned counsel for the Petitioner states that the office bearers of the Society are violating Section 91 of the Act by issuing clearances and

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:27:47

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membership certificates to purchasers under more than one membership number in the same Co-operative Society. She cites the example of the President of the Society who holds five memberships, which according to her are in clear violation of the Act. She also states that permitting the President of the Society and other office bearers who currently hold multiple memberships, to contest the upcoming elections would violate the basic tenents of ensuring free and fair elections.

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She states that the Petitioner has not received any response to the representations dated 29^th November, 2023 and 05^th January, 2024 addressed to Respondent No. 1 regarding multiple memberships held by the current office bearers of the Society. She also states that the Petitioner had approached the Respondent No. 2 (Returning Officer on multiple occasions). 4. Keeping in view the fact that the Petitioner’s representations dated 29^th November, 2023 and 05^th January, 2024 have not been disposed of till date, this Court disposes the present writ petition by directing the Registrar of Cooperative Societies to decide the representations filed by the Petitioner dated 29^th November, 2023 and 05^th January, 2024 by way of a reasoned order in accordance with law within four weeks. Pending applications are disposed of. The rights and contentions of all the parties are left open.

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ACTING CHIEF JUSTICE

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MANMEET PRITAM SINGH ARORA, J

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FEBRUARY 15, 2024/ msh

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Balram Dhir v. Registrar Co. Operative Societies & Anr.

Case brief

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Balram Dhir v. Registrar Co. Operative Societies & Anr.

Case brief

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