The Hon’ble Chief Minister of Haryana, 05.02.2016
Re – Saraswatikunj Cooperative House Building Society, Gurgaon
We, the members of the Saraswatikunj Co-operative House Building Society, Gurgaon are running from pillar to post for the last so many years, without any sign of relief coming from the Authorities. Unfortunately, the Management Committee had to be suspended/terminated for serious lapses and non-compliances in regard to the maintenance of the Record in respect of the following matters:
1. Total land in possession of the society as per revenue record.
2. Land for which Licence was granted by the State Government, as also the land for which approval is pending before the Competent Authority.
3. List of Members and of the Defaulter Members.
4. List of Allottees in Phase 1(in part 1 &2) and in Phase 2
5. Category wise classification of Members as per the size of plot applied for/allotted.
6. Letters of HUDA about EDC charges and the amount paid so far by the society on this account.
7. Maps /Zoning plans approved by the Town & Country Planning Department along with the permission granted for colonization.
8. Status of the Land in possession of the Society at present, and the staus of litigation in respect of the disputed land, if any. The next date of hearing for the litigation. Scope of allotment of available land to the listed members.
9. Affidavit regarding the position of accounts in various banks, alongwith the Balance confirmation thereof.
The Government Of Haryana got conducted the election of the Society on 18.03.2007, but the Society was again terminated on 04.05.2010 under section 34(1) of the Haryana Cooperative Act,1984 on account of negligence in the performance of duties enshrined in the Bye-laws of the Society and lapses/acts of Omission & Commission, which were found prejudicial to the interest of the Society & its members , as detailed hereunder:
1. That society had failed to perform the primary duty since assuming office in March, 2007 to ascertain the genuine & non genuine members and to allot plots of land to its members.
2. Society was required to prepare & sanction house plans to the members of the society, which it failed to do.
3. It is the primary duty of the Managing Committee of the society to maintain the books of account of the society as mentioned in Bye-laws no 36 (2&4). It is clearly provided in section 48 of the Haryana Cooperative Societies Act,1984 that the “Cooperative Societies” shall prepare Balance Sheet, Profit& Loss Account, Trading account and such other statements relating to the working of the society, at such intervals as may be specified by the Registrar from time to time.
3. The Haryana Cooperative Society Act,1984 sec25(3) envisages that ”A General Body Meeting of a Cooperative Society shall be held once in a year for the purpose of (A) approval of the program of the activities of the society & (B) consideration of the Audit Report and the Annual Report. But Society had not issued any direction to convene General Body Meeting in the years 2007-08, 2008-09 & 2009-2010.
The working clearly shows that as required vide provision of the Act & bye-laws , no inspection/Audit could be conducted by the departmental authorities during the year 2007-08.2008-09 & 2009-10.
5. As per provision of bye-laws 36(19) of the society, the Managing Committee is required to arrange for the safe custody of books, and appoint one of its members as custodian of the record. The Sec tion 49 of the Cooperative Society Act provides that” a Cooperative Society shall maintain a list of such of its employees or members of its committee, as having custody of books ,record ,securities and other property of the society in the manner prescribed.
6. Some of the members of the Managing Committee have filed cases in several courts of law against each other due to which the normal functioning of the society has come to a standstill. “ The Managing Committee was directed to work in harmony and as per provision of the Act, rule & bye-laws It is inferred that there are serious conflicts of ideology and interest amongst the committee members.”
On 18.10.2007 the Registrar, Cooperative Societies Mr R C Jowel IAS had written a DO letter to the Deputy Registrar ,Cooperative Societies, Gurgaon , pointing out serious irregularities of the Society in the Audit Report 2003-06. But the Society never acted to rectify these irregularities.
On 06.05.2010 Registrar ,Cooperative Societies, vide Memo no 1/1/2006/credit/6A/5793 dated 06.05.2010 appointed the Board Of Administrators comprising:
1. Sh Nitin Kumar Yadav IAS Administrator HUDA,Gurgaon
2. Sh Alok Mittal IPS, Joint Commissioner, Gurgaon
3. Sh Naresh Kumar Narwal HCS SDO Civil Gurgaon South
This Board is in control of the affairs of society from 06.05.2010 till now.
Prior to this, there was Government appointed Board of Administrators from 30.11.2004 till 18.03.2007.
The irregularities committed by the previous Management Committee are administrative/ clerical in nature and NO FINANCIAL SCAM APPEARS TO HAVE OCCURRED. If serious efforts are made, all the lapses or acts of omission & commission can be rectified in a reasonable time frame.
Unfortunately, no attempt has been made by the ‘Board of Administrators’ to resolve the issues for which elected Management Committee was terminated.
The Board of administrators appointed by the Haryana Government have acted in a most callous & irresponsible manner. Not a single issue has been addressed for which the elected Management Committee of the Society was terminated. The Board submitted a Voter List to the Assistant Registrar, which is in violation of the Cooperative Act,1984 as amended in 2013, as also of legal opinion given by Registrar, Cooperative Society vide letter 8567 dated 15.09.2005 to Deputy Registrar,Gurgaon . This is also in defiance of the order of the Hon’ble High Court of Panjab & Haryana in CWP 1116/2011& CWP 17530/2012.
Charges against the Board Of Administrators are listed as under:
1. They did not address any of the issues on which previous Management Committee was terminated on 06.05.2010
2. They did not call General Body Meeting even once which is mandatory for a Cooperative society registered under Haryana Cooperative Society Act,1984. The Constitution lays down :
243ZN. The Legislature of a State may, by law, make provision that the annual general body meeting of every cooperative society shall be convened within a period of six months of close of the financial year to transact the business as may be provided in such law.
3. They have acted in violation of the Constitution (97th amendment).
4. In Part 4 of the Constitution, after article 43A,the following article was inserted:
5. 3B. The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.”
In case of supersession of a Board, the Administrator appointed to manage the affairs of such cooperative society shall arrange for conduct of elections within the period specified in clause(1) and handover the management to the elected Management.
In our Society, there is no Government share holding or loan or financial assistance or guarantee . As such, it can not continue in the control of Government appointed administrators beyond a stipulated period. Inspite of that, for unknown reasons , Haryana Government is depriving the Society of its own elected Management in violation of the Law of the Land.
6. The accounts of every cooperative society shall be audited within six months of the close of the financial year to which such accounts relate.
The Account of our Society has not been audited for the years 2013-14 2014-15 as yet.
7. 243ZO. The Legislature of a State may, by law, provide for access to every member of a cooperative society to the books, information and accounts of the cooperative society kept in regular transaction of its business with such member.—
8. Our society has not made available audit reports for all these years (1983-2012) to its members.
9. 243ZP. Every co-operative society shall file returns, within six months of the close every financial year, to the authority designated by the State Government including the following matters ,namely:-
(a) Annual report of its activities;
(b) Its audited statement of accounts;
(c) Plan for surplus disposal as approved by the general body of the co-operative society;
(d) List of amendments to the bye-laws of the co-operative society ,if any;
(e) Declaration regarding date of holding of its general body meeting and conduct of election when due; and
(f)Any other information required by the Registrar in pursuance of any of the provision of the State Act.
Nothing has been done to comply with the above directions .
10. 243ZQ(1) The Legislature of a State may by law make provisions for the offences relating to the Co-operative societies and penalties for such offences.
11. A law made by the Legislature of a State under clause (1) shall include the commission of the following act or omission as offences, namely:-
(a) A co-operative society or an officer or member thereof willfully makes a false return or furnishes false information, or any person willfully not furnishes any information required from him by a person authorized in this behalf under the provision of the State Act.
Our Board of Administrators furnished voter list to Assistant Registrar, Gurgaon
On the date 01.12.15 before Hon’ble high Court of Panjab & Haryana, Assistant Registrar, Gurgaon submitted an affidavit.
Extract of affidavit—“That after number of reminders by the respondent & directions to the society, society again submitted the voter list on dated 22.09.2015 by fixing criteria by his own .Criteria fixed by society is framed not in accordance with the orders passed by Hon,ble Punjab & Haryana High Court at Chandigarh in CWP 21290/2012 COCP 210/2015.
That the list of voters prepared by the society as per criteria fixed by his own is incorrect. After scrutiny of first 50 members name in the voter list, it is found that 42 members are not fulfilling the criteria framed
On these grounds, “voter list “submitted in this office returned to the society on 24.11.2015 with the request to prepare the list as per orders of CWP’s & in COCP 210/2015 & other orders passed time to time by authority.
The Board of Administrators wilfully submitted a bogus voter list, and therefore appropriate action should be taken as envisased in the Constitution section 243ZQ.
11.In compliance to order of Hon,ble Punjab & Haryana High Court, Hon,ble Worthy Registrar, Cooperative Society, Haryana passed order vide Gen-3/8131-35 dated 30.09.2015 —–“ Firstly Board of Administrators/Managing Committee of the society to verify the claim of all the members/petitioners to be genuine member in accordance with Haryana Cooperative Society Act/Rules and bye-laws of the society and submit their decision regarding genuineness of members to Assistant Registrar, Cooperative Society, Gurgaon” .
Our society has not yet submitted the list to Assistant Registrar, Gurgaon.
A prudent Administrator is supposed to act within domain of Constitution.
Inconsonant to it but in our society Board of Administrators due to their callous, insensitive & irresponsible approach, they not only derided, disdained our sacred Constitution but also with malicious intention prepared incorrect voter list and still have not taken any concrete tangible action to show their commitment to our sacred Constitution. Their such behavior is untenable and it does not auger well for a STATE whose Hon’ble Chief Minister believes in the principles of INTEGRAL HUMANISM.
1. Please direct your officials of Cooperation Department, Haryana Government to act as per 97th amendment Constitution and ensure election of the Saraswatikunj Cooperative House Building society at the earliest .
2. Please take appropriate action against Board Of Administrators of the society for disdaining & deriding our sacred Constitution, violating order of Hon’ble High Court in CWP 1116/2011& 17530/2012 and defying the order dated 30.09.2015 & 8567 dated 15.09.2005 of the worthy Registrar, Cooperative Societies, Haryana & give direction to conduct election of the society at the earliest.
Narender Kumar Bhutani 7285
28 Friends Apartment sec 9 Rohini Delhi 110085 (9136368210 AAdhaar 543888078867 ) email firstname.lastname@example.org
2. Balraj Vachher 9891683066