The High Court of Delhi dismissed a writ petition challenging membership transfer orders. The petition was dismissed on the ground that the petitioner lacked locus standi as a member and the cause of action had elapsed after elections were conducted.
The writ petition is dismissed, and pending applications are also dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Ms. Usha Pandey, Adv. for R-4 & 6 (Mob: 9871000801)
CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA
Prathiba M. Singh, J. (Oral)
“a), the impugned order dt.23.09.2016 passed by the RCS/Respondent No.1 may kindly be set-aside and quashed; and
b). Respondents may kindly be restrained from granting /transferring any membership or occupancy right in
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respect of any flat or member of the respondent society till the final determination of membership rights of other members and their seniority; and ”
“ The Administrator appointed by the Registrar Cooperative Societies (RCS) through the order dated
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04.01.2016 is directed to be present in Court and explain why the elections to the cooperative society have not been conducted as required of him. The impugned order dated 25.04.2016 appointing a Manager is hereby stayed.
The Administrator is directed not to delve into the affairs of the Society, especially with respect to rights of the members vis-a-vis flats and occupancy given the limited objective for which he was appointed. He is, however, at liberty to proceed to take steps for conducting the election.
Order dasti. ”
“ W.P.(C) No. 5408/2016
The office report records that the status report has not been filed and is awaited. However, counsel for the respondent No. 1, Registrar, Cooperative Societies states that status report was filed on 24th August, 2016 vide diary No. 206560.
2. The status report has been called for from the Registry and is taken on record.
3. Mr. D.P. Dwivedi, who was appointed as Administrator vide office order dated 4th January, 2016, has relinquished the charge as the Administrator vide letter dated 21st July, 2016 without conducting the elections for the managing committee. Earlier, Mr. A.P.S. Sirohi who was appointed as the Administrator vide order dated 20th March, 2015, too was not able to conduct the elections of the managing committee.
4. Mr. Dhananjay Singh, who is an Advocate, has now been appointed as the Administrator vide office order dated 11th August, 2016. He has been directed to conduct the election of the management committee within 180 days from the date he assumes charge of the Administrator. 5. Mr. P.K. Khanna, Ex-DSP, CBI was appointed as the
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Inquiry Officer under Section 62 of the Delhi Cooperative Societies Act, 2003 vide order dated 5th May, 2015. The interim report was submitted by him about a year back on 26th August, 2015. The final report is awaited. By letter dated 17th August, 2016 the Registrar, Cooperative Societies has directed the Inquiry Officer to complete the inquiry and submit the inquiry report at the earliest to the office of the Registrar. We have recorded the aforesaid facts, as
mentioned in the status report, and have not commented or made any observations regarding enquiry or the interim report.
7. In view of the aforesaid factual position, we would dispose of the present writ petition with the direction that Mr. Dhananjay Singh, who has been appointed as the Administrator, should take over as the Administrator within a period of three weeks from the date a copy of this order is made available to him. This period of three weeks has been given as certain formalities, including handing over and taking over of papers have to be
completed. Mr. Dhananjay Singh will examine the records and proceed to hold the elections for the managing committee in accordance with the law.
8. If, for any reason, the newly appointed Administrator is not able to hold the elections in accordance with law and as per the appointment letter dated 11th August, 2016, it will be open to him to point out the reasons in an application, which may be moved before this Court. Recording the above, the writ petition is disposed of. No order as to costs. ”
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“ W.P.(C) 2820/2019 Issue notice. Counsel for the respondents accept notice. Counter affidavit be filed within six weeks. Rejoinder be filed before the next date.
In the meantime, we direct that the respondents shall not act upon the impugned communication dated 23.09.2016 and no transfer of membership or flats shall be affected on that basis. We also direct the administrator not to delve into the affairs of the Society especially with respect to the rights of the members vis-a-vis flats and occupancy, however, he is at liberty to proceed to take steps for conducting the elections.
The administrator should specifically state in his affidavit what effective steps he has taken to resolve the dispute with regard to the membership and for holding elections expeditiously.
List on 05.08.2019. ”
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under:-
“3. The petitioner-Shashi Dua, claims that she had paid Rs.110 towards membership fee on 25.8.1983 and was issued Share Certificate dated 9th March, 1994. She has paid Rs.13.50 lacs towards the cost of land and construction, but she is still waiting for allotment and possession of the flat. Similar grievance is raised in other Writ Petitions.
4. The Registrar, Cooperative Societies, in his affidavit in W.P. (C) No. 9199/2004 titled Dharam Pal Sharma v. Registrar Cooperative Societies, accepts that on complaints of financial irregularities, manipulation of the seniority list and non-audit of the book of accounts against the Management Committee, an inquiry was instituted under Section 55 of the Delhi Cooperative Societies Act, 1972 (‘Act’ for short). A retired IAS Officer, vide report dated 11.3.2005 had concluded manipulation and irregularities regarding inter-se seniority between members. The accounts, he observed, had not been maintained properly. However, a retired District Judge appointed under Section 59 of the Act to fix responsibility on the members of the Management Committee vide report dated 09.12.2005 had recorded favorable findings and had not recommended any action against the members of the Management Committee or the Administrator. A seniority list of 118 approved members was prepared.
5. The Registrar, Cooperative Societies, did not accept the report of the retired District Judge and had appointed Mr. Rajiv Ranjan, Additional DCP,
North-East Delhi as the Inquiry Officer, who conducted a fresh inquiry under Section 55 of the Act. In the meanwhile, the President, the Secretary, and the Administrator of the Cooperative Societies were arrested by the Delhi Police under Sections 409/418/420/477A/120-B/134 IPC.
6. The Registrar, Cooperative Societies had forwarded a list of 78 approved members to the DDA vide letter dated 27.09.2001. It is the case of
the petitioner- Shashi Dua that she was in the said list.
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Subsequently, vide letter dated 8.6.2004 the Registrar Cooperative Societies had sent a revised
list of 69 approved members. This list did not include the petitioner.
7. Status reports have been filed by the Delhi Police in WP(C) No.9199/2004 titled Dharam Pal Sharma v. Registrar Cooperative Societies. These reports refer to and give details of enrolment and expulsion of members. These status report also refer to "draw of lots" held on 10.7.2001 and that possession letters were issued. The list of 36 persons included in the draw of lots had persons who were not in the approved list of members forwarded by the Registrar, Cooperative Societies to the DDA. In another report by the Delhi Police dated 16.8.2008, details of vacant flats and flats in
occupation, have been furnished. Some flats were found to be locked.
8. During the course of hearing, learned counsel for the parties have agreed that a committee may be constituted by this Court to examine and verify membership and determine the question of seniority. The committee will also inspect the flats and prepare a list of vacant flats, and details of flats in occupation of a person claiming membership or a third person. These Writ Petitions have remained pending for more than 12 years and an early and prompt resolution is required.
9. We accordingly appoint Ms. Justice (Retd.) Manju Goel and Mr. Justice (Retd.) S.N. Dhingra, as a twomember committee to undertake the said exercise and submit their report, preferably within a period of six months from the date a copy of this order is received. This time period has been fixed as suggested by the Counsel who state that both public notices and individual notices will have to be issued and a copy of the records and papers would have to be obtained from the criminal court. The committee will be entitled to take the assistance of a third person, for the purpose of service of notices, and verification and examination of the documents. The Administrator appointed would provide full assistance and cooperation. The Registrar,
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Cooperative Societies will also nominate/assign one officer to assist the Committee. The said nomination would be made within a period of 15 days from the date a copy of this order is received.
10. The members of the Committee will be paid Rs.3,00,000/each, in addition to out-of-pocket miscellaneous expenses and payment, if any, to the third person appointed by the Committee for assistance. We are informed that the Society has Rs.1.73 lacs in their bank account. Each member will have to deposit an amount of Rs.6,000/- towards expenses. The said deposit will be made with the Administrator on or before the date when they appear and present their papers before the Committee. We are also informed that there are about 126 persons who claim membership (there is some dispute about this figure and the figure should not be treated as exact). The persons who do not deposit the said amount could lose their seniority and would be treated as defaulters. We have fixed the amount of Rs.6,000/- per person, keeping in view the total expenditure which would be incurred in carrying out the said exercise.
11. An interim report will be submitted by the Committee before the next date of hearing. Liberty is also given to the Committee to move an application if required and necessary . ”
“ A status report authored by Justice S.N. Dhingra (Retired) as head of the Committee has been handed over in the Court today.
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A perusal of the same reflects that the Committee prepared a tentative seniority list of members of the Society along with a draft report. This tentative list has been circulated among the members of the Society and objections have been called for, in writing, from the members. Several members and the occupants of the subject flats have filed their objections, along with the relevant documents before the Committee who are in the process of scrutinising them. The Committee has fixed 11.05.2018 as the date for holding a personal hearing of the members of the Society and perhaps, to prepare final seniority list of the members of the Society, in accordance with law. In view of the foregoing, the counsel appearing on behalf of the petitioners seek leave to withdraw this petition in terms thereof. Accordingly, the petitions are dismissed as withdrawn. ”
“Case of Mr. Ravinder Pal Singh
28. Another applicant Ravinder Pal Singh has claimed that his mother late Smt. Kaushalya Kaur was bona fide member of the Society with membership no. 276. His mother, he claims, had made full payment for the flat in the Society. His mother passed away on 26.2.2013 and thereafter membership was transferred in his favour. Due to passage of time, he claims, complete record of payments made to Dakshin Delhi Cooperative Group Housing Society, was not available with him and the same can be ascertained from the Society. He along with application filed documents available with him. The original payment receipts have not been submitted and there is no proof of payments having gone to bank
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account of the Society, the Committee is constrained to say that this applicant has failed to substantiate his claim
29. A perusal of record also shows that the Society had sent a list of 116 members to the RCS of those persons who were eligible in 2001. Her name did not appear in that list. In the list sent by the Society, the names of all those persons, who were expelled or had not made payments, were not included. As per the record of the Registrar office, membership of Member No.276 was cancelled along with few other members because they had not deposited the due amount with the society (page 161/N of the Case of Mr. Ravinder Pal Singh record of the Registrar office). She did not challenge cancellation of her membership at any forum not even before the Registrar. When the Registrar published the list of eligible members, her name was not there. She did not challenge this list also. It is not understood under whose instructions and advises, she allegedly deposited money with the Society in 2004. The copies of receipts filed by her or Ravinderpal singh show that major amount was deposited in 2004. The amount deposited in 2004 was Rs.3,50,000/-. Prior to 1999, her deposit with the Society is almost Nil. All payments are alleged to have been made after 1999 whereas the Society was constituted in 1972. The copies of receipts filed by her son before the Committee have no authenticity and on the face of it seem to be a fake. No one in the society had authority to issue receipts and accept money from resigned or expelled or cancelled members. Hence the Committee rejects the application of Mr. Ravinder Pal Singh. ”
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regard. Ld. Counsel for the Petitioner submits that he may be given an opportunity to seek instructions.
PRATHIBA M. SINGH JUDGE
RAJNEESH KUMAR GUPTA JUDGE
MARCH 20, 2025/ dk/kk/Ar.
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2 issues framed by the court
Whether the petitioner has locus standi to file the writ petition given the committee report stating his membership was cancelled or not established.
Whether the cause of action has become inordinate due to the completion of elections for the managing committee.
Sh. Ravinder Pal Singh
Registrar Co-op. Societies, Delhi
And Others
Prathiba M. Singh
Rajneesh Kumar Gupta
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
