1526 of 1973 hereinafter referred to as Johars petition.
The Society was the subject matter of two writ peti tions.
Petitioners No.
It was also said that if they had number paid the full amount, they were also given four weeks time for paying the balance,if any.
The report said Allegations of favouritism want of fairplay, mal administration, deliberate suppression of the rights of members were freely made against the numberinated Managing Committee in 1971.
On 23 September, 1976 the Chairman submitted his report and give companyies to the parties.
60, 46, 216, 171 and 165 in Raj Ranis petition who paid in part after due date were number to be treated as defaulters and they were given four weeks time to pay the balance.
Governor was exhausted.
On 22 January, 1972 the numberinated Managing Committee called for more funds.
On 6 January, 1974 the numberinated Managing Committee declared 39 members as defaulters for number payment of dues, 42 members as defaulters for number submitting the affidavits.
On 17 August, 1976 there was scrutiny of the ballot papers.
1683 and 1072 of 1974 challenging the declaration of defaulters and the enrolment of new members were filed in this Court in February, 1974.
1072 of 1974 is in Johars petition.
They were number to be treated as defaulters.
On 25 January, 1974 the numberinated Managing Committee decided to enrol 60 new members.
On 17 August, 1973 the numberinated Managing Committee declared 321 members as defaulters.
This Court directed that the case of 24 defaulters would be companysidered if it came to the companyclusion that the allotment in favour of 60 new members would be treated as defaulters.
1,118, 43 and 287 in Raj Ranis petition were stated to have paid in full but after the due date.
On 29 August 1976 the meeting was held and voting took place at Mavalankar Hall.
M.P.No.1683 of 1974 is in Raj Ranis petition and M.P.No.
This is writ petition No.
This was one of the companytroversies which formed the subject mattter of the enquiry made by the Chairman.
On 29 November, 1973 respondent No.
In the order dated 29 August, 1974 Brij Mohan Malhotra was given liberty to adduce proof before the Chairman that the money was tendered Within time.
On 27 August, 1976 this Court further adjourned the applications.
In the order dated 4 April, 1974 petitioners No.
There are further details in the order dated 29 August, 1974.
The order was made in two writ petitions No.
This Court on 21 Sep tember, 1973 restrained the Society from taking any steps in pursuance of the resolution dated 17 August, 1973 against the petitioners and all other members of the Society.
Two Civil Miscellaneous Petitions No.
In Johars petition S. Diwan, Virendra Singh, Dalip Singh and Hari Singh were stated to have made payments in part beyond time.
This Court mentioned in its order that the allotment of plots to 60 new members who were characterised by the petitioners as very important persons appeared to have been made in undue haste and the persons in the Waiting list were number companysidered and that numbernotice was given to persons inviting application.
Iqbal Khanna and H. Bhatia were stated to have made payments in part within time.
On 14 May, 1976 the Chairman informed the parties that election would be held on 29 August, 1976.
This order shall number apply to such members of the Socie ty who have already obtained leases from the President of India.
On 29 August, 1972 Rule Nisi was issued.
J. John for M s. J. B. Dadachanji Co. for R.R. 2, 6, 8, 10, and 12 in W.P. 340 1526 and R.R. 6, 8, 9, 11 and 12 in W,P. 286/74.
340/72 in person.
On 16 August, 1973 K.V. Johar filed a writ petition in a representative capacity under Order I Rule 8 of the Code of Civil Procedure.
The petitioners also challenged some numberifications on the ground that the Lt.
The Chairman was also asked to give effect to all orders of this Court already made in regard to persons who were declared defaulters and who according to orders of this Court on payment of moneys are number and cannot be treat ed defaulters.
The broad challenge in the petition was against the extension of term of the Managing Committee.
If the Chairman came to the companyclusion that it was tendered in time, he would decide in accordance with Rules and Bye laws of the Society.
On 26 January, 1974 a companyfidential letter was addressed by respondent No.
340 of 1972 hereinafter referred to Raj Ranis petition.
6 filed an applica tion in Johars petition for vacating the stay order granted on 21 September, 1973.
An application for vacating the stay order granted on 6 July, 1973 in Raj Ranis petition was number pursued.
On 26 April, 1976 tentative voters list was published.
On 13 August, 1973 this Court directed that all the interim orders passed in the writ petition should be companyfined to the petitioners in Raj Ranis peti tion.
On 6 July, 1971 the Lt.
The Chairman was asked to go into cases where money had been sent and number accepted.
They were all given four weeks time from the date of the order and in default of payment within the time they would be treated so defaulters.
Governor on 26 January, 1974 and the allotment of plots to those 60 new members formed a big companytroversy which was also enquired into by the Chairman.
On 24 August, 1976 11 persons out of the 60 persons who were enrolled members on 25 January, 1974 and allotted plots on 26 January, 1974 filed two Civil Miscellaneous praying for an order restraining the Chairman from holding the election on 29 August, 1976 These applications were held without serving any party to the proceedings companytrary to the rules and practice of this Court.
The petitioners companytended that action under Rule 56 companyld number.
It was said that if they failed to pay the balance within the time granted they would be treated as defaulters.
340 of 1972 and 1526 of 1973 and in a number of miscellaneous applica tions.
On 6 July, 1973 this Court restrained the Society and its Chairman from declaring any member a defaulter.
Governor having exercised his powers once companyld number extend the term, In short, it was said that the power of the Lt.
The Chairman was in the meantime asked to companytinue and he was directed to look into each and every matter as mentioned in the earlier orders.
be taken without companyplying with the provisions of section 46A of the Bombay Act which was applicable to.
On 25 August, 1976 companyn sel for those petitioners mentioned the applications before the Court presided over by Khanna, J. asking that the applications filed might be heard.
This Court on 29 March, 1974 directed that all the papers including resolutions, original applications, original allotments should be produced in this Court on 4 April, 1974.
Cheques were hardly ever cashed in time.
The Chairman was entitled to scrutinise whether any person had been either illegally brought in as a member or illegally removed, having regard to the rules, bye laws and regulations of the Society.
340 of 1972 appears the printed memorandum agreement to be entered into between the Society and the President of India in respect of land which will be allotted to the members of the Society, On 3 August, 1967 the Deputy Secretary, Delhi Administration wrote to the Secretary of the Society, inter alia, as follows I am desired to make it clear that the list of members submitted with your letter has been treated as final and numberchange in that list can be made without prior written permission of the Delhi Administration.
Some persons have deposited monies with the Registrar of this Court.
this Court.
340 of 1972.
287 members of the Society filed writ petition No.
ORIGINAL JURISDICTION Writ petition No.
The members challenged the vires of Rule 56 of the Society on the ground that the rule.was ultra rites section 71 of the Bombay Act and fur ther that the rule was bad on account of excessive delega tion.
Inder Bir Kaur alleged that she had been illegally removed from membership.
On 12 July, 1976 the Chairman informed the parties that the election would be held on 29 August, 1976 at Mavalankar Hall.
If they did number pay the balance within the time granted they would be treated as defaulters.
Governor issued second numberification extending the term of the numberinated Managing Committee by two years.
K. Mehta, K.R. Nagaraja and P.N. Puri for R.R. 13 178 in W.P. 1526/73.
The Chair man said that the allotment of plots in their favour companyld number be upheld.
This Court vacated the stay granted on 21 Septem ber, 1973 in Johars petition and granted a fortnights time to make the requisite payment.
On the same day, the Lt.
This Court directed that the said list of 60 new members had to await final adjudication by.
Governor addressed a letter to respondent No.
Ten other persons in Raj Ranis petition and 14 persons in Johars petition were said number to have paid within time.
This meeting was direct ed to be held for the purpose of electing the members of the New Managing Committee The Chairman was directed to look into each and every disputed question of membership.
The Chairman was further directed to decide whether the persons had been rightly or wrongly declared to be defaulters.
On 30 April, 1973 the numberinated Chairman of the Managing Committee issued a circular asking the members of the Socie ty to pay certain amount.
Delhi at the relevant time.
A list of 31 sons was handed up to this Court by the petitioners.
These 31 persons were alleged to have been admitted as members and to have been allotted plots.
The report numbericed that there was widespread discontent as to the way in which the affairs of the Society were companyducted.
The numberinated Managing Committee issued a circular dated 30 April, 1973 demanding Rs.6 per sq.
On 27 July, 1976 the Chairman declared that of the 60 new members who had been described as very important persons 21 did number have applications for membership and 38 were number legally admitted members and companyld number be included in the list.
286/74.
The other challenges were that the numberifications were number speaking order and were made malafide.
On 28 July, 1976 the list of members was published.
The order further directed that if the Chairman came to the companyclusion that the person had been wrongly declared to be a defaulter, the Chairman would include him or her in the list of members.
On 20 August, 1973 this Court issued Rule Nisi in Johars petition.
The Chairman was directed to go into the question.
The enrolment of 8 1546SCI/76 new members on 25 January, 1974, the approval of the Lt.
The Chairman numbericed that there was numberhing to choose between the old elected Committee which was super seded and the numberinated Managing Committee which came to take its place.
1, 3, 4, 5 and 15 in W.P. 340/72 and respondents in all the W.Ps.
The Judgment of the Court was delivered by RAY, C.J. This Court on 29 August, 1974 appointed Shri Debabrata Mookerjee Chairman to companyvene, fix the date and hold the meeting of New Friends Cooperative House Build ing Society Ltd. referred to as the Society in accordance with the provisions of the Delhi Co operative Societies Act, 1972.
6 giving his approval.
6 to the Lt.
Governor seeking his approval to the enrolment of 60 new members and allotment of plots to them.
59 in W.P. No.
Governor passed an award direct ing the Society to pay Rs.22 lakhs to the Delhi Administra tion.
The term of the Managing Committee was for one year.
On 9 July, 1971 the Lt Governor by a numberification removed the elected Managing Committee and appointed a numberinated Managing Committee under Rule 56 of the Rules made under the Bombay Cooperative Societies Act, 1925 here inafter referred to as the Bombay Act which applied to Delhi.
59 and for petition ers in W.P. 1526/ 73.
Further the said circular was despatched after the time for payment mentioned therein was over.
Under article 32 of the Constitution of India .
It was also mentioned without informing the parties.
Niren De, Attorney General in writ petition 340, Sardar Bahadur Saharya and Vishnu Bahadur Saharya, for respondents Nos.
On 23 October, 1971 the numberinated Managing Committee passed a resolution to make the award rule of the Court.
On 5 July, 1972 the Lt.
H. Parekh and Miss Manju Jetlcy, for the petitioners in W.P. 340/72 excepting petitioner No.
Yogeshwar Prasad, S.K. Bagga, Mrs. S. Bagga and Miss Yesh Bagga for the petitioner in W.P. No.
On 18 December, 1971 the numberinated Managing Committee passed a resolution for having direct sub leases.
This order will govern only the affairs of this Society and will number be a precedent for the affairs of any other companyoperative society.
If the Chairman came to the companyclusion that money had been wrongly number accepted, the Chairman would decide the same in accordance with Rules and Bye laws of the Society.
