It may happen some time that a person not even member of the co-operative society and not even a creditor manages to elude the system or influence the authorities of the registrar of co-operative societies. In such an eventuality it is not essential for the managing committee of the society to be silent on their part and suffer the consequences.
Inspection ordered by RCS quashed by DHC: The inspection of the Society was ordered by the Registrar of co-operative society by illegal means with the influence of a non member. The Managing Committee members comprising Mr. Shish Pal as President and Mr. Raminder Singh Sahota as Vice President were alleged to have been doing illegal transactions in the Society by a non member. The said non member wrote letters to Chief Minister, LG, many ministers, DDA, MCD and also the Registrar of Co-operative Societies. Due to lot of pressure coming from many quarters the Registrar did not check whether the complainant is a member or a creditor of the society or not. The Registrar also did not give any time to the Society to respond to the inspection notice. In fact no notice was served. Mr. Raminder Singh Sahota, the Vice President of the Society is a Advocate. Therefore, the President and Vice President immediately engaged a suitable Advocate and filed Writ Petition before High Court of Delhi and challenged the orders of the Registrar. Following is the verdict of the Court.
IN THE HIGH COURT OF DELHI AT NEW DELHI
In the matter
Lovely Home Co-Operative Group Housing Society Ltd
Registrar of Co-Operative Societies
Present: Mr. Shaju Francis, Advocate for the Petitioner.
Ms. Sujata Kashyap, Advocate for RCS.
W. P. (C) 8449/2007 and CM 15951/2007
On the perusal of Section 61 of the Delhi Cooperative Society Act, 2003
(DCS Act), it is apparent that an inspection can be ordered by the Registrar on
the complaint of either a Member or a Public Servant. In the case in hand, the
complaint was received from Respondent No. 3, namely, Sh. L. S. Chaddha.
Avowedly, he is neither a Member of the Society nor a Public Servant. Section 61
(1) of DCS Act, therefore, is not applicable.
The Order of the Registrar, appointing Mr. P. C. Jain as Inspecting
Officer/Enquiry Officer vide Order dated 8.10.2007, is quashed.
Parties to bear their respective costs.
VIKRAMAJIT SEN, J.
SEPTEMBER 19, 2008