High Court of DelhiW.P.(C)/4165/2019

Balwan Singh Kharb v. Registrar Of Cooperative Societies And ORS.

2019-04-23Hon'Ble Mr. Justice Vipin Sanghi,Hon'Ble Ms. Justice Rekha Palli2 pages

$~25.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4165/2019 BALWAN SINGH KHARB ..... Petitioner Through:

Mr. Shivam Bajaj, Adv.

versus REGISTRAR OF COOPERATIVE SOCIETIES AND ORS.

..... Respondent Through:

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 23.04.2019 C.M. No. 18781/2019 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 4165/2019 & C.M. No. 18782/2019 The petitioner has preferred the present writ petition to assail the list of valid nominations released by the Returning Officer on 14.04.2019 in relation to the conduct of the elections of the Managing Committee of respondent No.3 Co-operative Group Housing Society. The nomination of the petitioner has been rejected as invalid on three counts. At the outset, we have put it to learned counsel for the petitioner that the petitioner has an efficacious alternative remedy under the Delhi Co-

operative Societies Act, 2003.

Learned counsel for the petitioner submits that since the elections are due on 28.04.2019, and the period is very short, he has come to this Court rather than invoking statutory remedy available to him under Section 70 of the Delhi Co-operative Societies Act, or even under Section 112(1)(d) of the said Act.

We do not find merit in this submission of the petitioner. The impugned list of valid nominations was released on 14.04.2019. The petitioner has taken 9 days to approach this Court. He could have invoked the appropriate remedy available to him in law. Merely because the elections are due on 18.04.2019, is no reason for this Court to step in at this stage.

Dismissed.

However, in case the petitioner invokes the appropriate remedy available to him in law, we direct the Registrar of Co-operative Societies to look into the petitioner's grievance as expeditiously as possible, so that he is not presented with a fait accompli.

Copy of this order be given dasti under the signatures of the Court Master.

VIPIN SANGHI, J REKHA PALLI, J APRIL 23, 2019 N.Khanna