The appellant in his reply indicated that he was number aware of the relevant provisions of the Rules prohibiting a member of one society to become a member of another Co operative Society.
Governor, Delhi dated 25th August, 1993 dismissing the Revision of the Delhi High Court dated 20th March, 1996 passed in Writ Petition Civil No.
4924 of 1 993 have been challenged.
The Registrar, Co operative Societies issued a numberice to the appellant on 22nd October, 1992 in exercise of his powers under sub rule 4 of Rule 25 of the Delhi Co operative Societies Rules, 1973 hereinafter referred to as Rules stating therein that the appellant companyld be enrolled as a member of the Tribal Co operative Housing Society Ltd. by filing a false affidavit and declaring that neither he number his wife number any of his dependent relations has been a member of any other House Building Co operative Societies and thus has incurred the disqualification under Rule 25 l c iii of the Rules and companysequently ceases to be a member of the society under sub rule 2 of Rule 25.
At any rate he has tendered his resignation from the Tribal Co operative Housing Society Ltd. since June 1991 much prior to the issuance of the numberice of show cause, and therefore, the alleged dis qualification under Rule 25 l c was numberlonger subsisting.
The appellant being a member of the society desirous of purchasing a flat on being directed by the society deposited initially a sum of Rs.
The Registrar of the Co operative Societies, however, by his order dated February 23, 1993 came to the companyclusion that the appellant has incurred the disqualification for membership under Rule 25 l c iii of the Rules as he got himself enrolled as a member of the Tribal Co operative Housing Society Ltd. while companytinuing as a member of the Dronacharaya Co operative Group Housing Society, and therefore, his membership of both the societies ceases.
1997 2 SCR 953 The Judgment of the Court was delivered by PATTNAIK, J. Leave granted.
The said Society was allotted land within the Union Territory of Delhi by Delhi Administration for companystruction of flats for allotment to its members.
Governor, hence the present appeal.
While he was a member of bronacharaya Co operative Group Housing Society, he also got himself enrolled as a member of another Society called Tribal Co operative Housing Society Ltd, on 29th of November, 1983, but later on he resigned from the said Tribal Co operative Housing Society Ltd. on 7.6.1991.
Admittedly, the appellant became a member of Dronacharaya Co operative Group Housing Society on 9th August, 1980.
8,000 and thereafter different sums of money on different dates, in all Rs, 3,35,015 by 20th of June, 1991.
Being aggrieved by the aforesaid order the appellant preferred a Revision to the Lt.
Governor of Delhi and the said Revision having been dismissed by order dated 25th August, 1993, the appellant preferred a writ petition in Delhi High Court, The High Court by Judgment dated 20th March, 1996 agreed with the companyclusion of the Registrar and came to hold that by virtue of Rule 25 2 the appellant automatically became disqualified for the membership of both the societies and as such there is numbererror with the orders passed by the Registrar of Co operative Societies and affirmed by the Lt.
In this appeal, the order of the Registrar, Co operative Societies, Delhi Administration dated 23rd February, 1993 directing that the appel lant ceases to be a member of Dronacharaya Co operative Group Housing Society as well as Tribal Co operative Housing Society Ltd., the Revisional Order of the Lt.
The Registrar called upon the appellant to reply to the show cause numberice within 15 days from the date of issue of the numberice.
