The Naval Technical Officers Cooperative Group Housing Society Ltd. v. Registrar, Co-Operative Societies, Govt. Of NCT Of Delhi & ANR.

$~7 & 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10552/2015 & C.M.No.26664/2015 THE NAVAL TECHNICAL OFFICERS COOPERATIVE GROUP HOUSING SOCIETY LTD.

..... Petitioner Through:

Mr.Kirti Uppal, Sr.Adv. with Mr.Rajender Arya and Mr.Sidharth Chopra, Advocates versus REGISTRAR, CO-OPERATIVE SOCIETIES, GOVT. OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Anuj Aggarwal, Addl. Standing Counsel for GNCTD with Ms.Niti Jain, Advocate for R-1.

+ W.P.(C) 11845/2015 & C.M.Nos.4791/2016, 8337/2016 & 31476/2015 A. RAMAMURTY & ORS.

..... Petitioners Through:

Mr.Subhiksh Vasudev, Advocate versus THE REGISTRAR (CO-OPERATIVE SOCIETIES) & ANR ..... Respondents Through:

Mr.Devesh Singh, Addl.Standing Counsel for GNCTD for R-1 Mr.Kirti Uppal, Sr.Adv. with Mr.Rajender Arya and Mr.Sidharth Chopra, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R. K. GAUBA

O R D E R

% 08.03.2016 1.

The common challenge in the W.P.(C) Nos. 10552/2015 &

11845/2015 is to the appointment of an administrator. It is asserted by the society that the appointment was done without due application of mind to the materials on record. The respondents'/complainants' right to move the authorities independently in accordance with law, is reserved. All rights and contentions in this respect are kept open. 2.

This court is of the opinion that given the developments which occurred after the filing of both the petitions i.e. the end of tenure of the Managing Committee of the Cooperative Society (The Naval Technical Officers Cooperative Group Housing Society) on 23.12.2015 the reliefs claimed have in a sense been rendered infructuous. The Registrar of Cooperative Societies shall ensure that the elections are completed within two months from today. To achieve this end, the Registrar shall appoint an independent person (not being a member of the Cooperative Society), who has some experience in this regard, as Returning Officer. The entire election process - including the declaration of the result and the handing over of charge of the newly elected Managing Committee shall be completed within the said period of two months. 3.

The Counsel for the petitioner in W.P.(C) 11845/2015 submits that rights of the members who originally complained to the Registrar under Section 37 to pursue their remedies independently of the outcome of these proceedings, in terms of Section 71/72 should be reserved. Liberty granted to the parties to contend whatever they wish to in accordance with law. The Registrar shall expressly stipulate that the returning officer shall conduct the elections through secret ballot.

4.

Till completion of elections process, the interim order enabling the managing committee to function, shall operate. 5.

Both the writ petitions along with the pending applications are disposed of in the above terms.

Dasti.

S. RAVINDRA BHAT, J R. K. GAUBA, J MARCH 08, 2016 rb