No Story No End

A Blog By TASKS "TRUST AWAKEN SARASWATI KUNJ SOCIETY"

FORUM MEETING, ON 8th MAY 2016, SUNDAY, ROHINI @ 11AM

Dear Members, Meeting on 8th May Sunday 11.00 am @ Community Center A block. Prashant Vihar Rohini near PVR Outer ring road opp D block. Market.

It is just one KM from Madhuban Chowk towards Karnal Bye-pass.

All peace loving persons are welcome to attend the meeting.

As it is FORUM Meeting, Forum has the right not to allow anyone having potential to create disturbances.

Mr. NK Bhutani. 9136368210. Rohini Chapter Incharge Mr. Ashok Gupta 9811349622.
Dr. NP Sharma. 9873034851.

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Forum Meeting, On 1st May 2016, Sunday, New Friends Colony @ 4 PM

SARASWATIKUNJ AWAKEN FORUM
We are pleased to inform that our forum is conducting a meeting on 01.05.2016 Sunday at 4.00PM

NEW FRIENDS CLUB,
NEW FRIENDS COLONY
ADJOINING INDIAN OIL PETROL PUMP,MATHURA ROAD,
ONE KM FROM ASHRAM CHOWK TOWARDS FARIDABAD
NEW DELHI

Dr N P SHARMA 9873034851 Ex- Director & Principal
National Cooperative Union of India And
National Centre for Cooperative education,New Delhi 110016

LOCAL COORDINATOR MR I C MAHAJAN 09312815347

ASHOK GUPTA 9811349622
NKBHUTANI 9136368210

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Contribution

Our forum has received contribution detailed as under. Cheques subject to realisation.
s.no memship chno bank mob no name amount
1. 4558 00002 bob 9313145521 manju chohan 5000
2. 6932 882971 icici manaik mahna 5000
3. 3593 890656 icici vinod kumar 5000
4. 3185 806897 icici anurag kapur 5000
5. 149 737664 icici 9810218171 yogesh madaan 5000
6. 4903 003300 icici lalita sood 5000
7. 3487 238649 icici 9899188231 rakesh pawar 5000
8. 8988 984499 icici nandwani akshay 5000
9. 426 773963 icici cm anand 5000
10 5513 822564 icici gauba y k 5000
11 1998 122165 cbi raman chadha 5000
12.3115 112758 cbi wadhwa 5000
13.8484 000003 hdfc 9810317007 dewan vilash 5000
14.5832 064536 hdfc batra neeraj 5000
15. 2821 650250 iob sanju 5000
16.3959 603526 pnb rastogi m l 5000
17.2797 578688 pnb 9910235387 sunita gaur 5000
18.7965 000003 p&s mahajan i c 5000
19 7806 048763 obc 981000696220 minocha vineet 5000
20.822 681303 syndicate 9313773749 bhardwaj pr 5000
21.8260 227672 do gognacs 5000
22.5051 742372 do manmohan singh 5000
23.5763 526352 do 9899931523 mahajan ashok 5000
24.586 129937 a k kaul 5000
25.3421 185429 uco 8130337261 nangia 5000
26 5615 000044 hdfc batra surindar 5000
1,30,000.
24.04.2016
27 1165 599556 sbi 9968158207 usha jain 5000
28 8568 730805 corporation Rekha Banka 10,000
29. 679 116853 axix ashok sharma rohini 5,000
30.8777 000082 hdfc sathya rao gutta 5,000
31.4497 000034 hdfc r.Thiruvengadam 5,000
32.1230 000088 hdfc pavan gupta 5,000
33.3672 561173 canara s k dogra 5,000
34.0008 966333 SBI puneesh rohtagi 5,000
45,000 1,75,000

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Forum Meeting, On 24th April 2016, Sunday, Dwarka @ 11 AM

SARASWATIKUNJ AWAKEN FORUM
We are pleased to inform that our forum is conducting a meeting on 24.04.2016 Sunday at 11.00am.

RISING STAR JUNIOR SCHOOL SEC 10 DWARKA NEW DELHI 110075

NEAR GD GOENKA SCHOOL GOLAKDHAM MANCHAHAT APARTMENT

Dr N P SHARMA 9873034851 Ex- Director & Principal
National Cooperative Union of India And
National Centre for Cooperative education,New Delhi 110016

DWARKA COORDINATOR SATISH CHANDER 9968090032

ASHOK GUPTA 9811349622
NKBHUTANI 9136368210

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Petition to Registrar,Cooperative Society,Haryana

Appeal no of 2016
Appeal in the court of Registrar,Cooperative Societies,Haryana
Narendar Kumar Bhutani Applicant/Appellant
Versus
1.Assistant Registrar,Cooperative Societies,Gurgaon 122001
2.. The Saraswatikunj Cooperative House Building Society,Gurgaon 122001
Respondent/Defendent

Against the violation of Constitution 97 th Amendment of India
That the petitioner respectfully submits the present petition seeking appeal under 97 th Constitution amendment of India
Grounds of Appeal
Respectfully Showth:
1. I,Narendar Kumar Bhutani s/o Late Sh.Chaman Lal is a member of the society bearing membership no 7285 dated 28.12.1995 (Annexure1)
2. In Part 4 of the Constitution, after article 43A,the following article was inserted, namely:-
3. 43B. The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.”
4. 243ZK.(1) Notwithstanding anything contained in any law made by the Legislature of a State,the election of a board shall be conducted before the expiry of the term of the board so as to ensure that the newly elected members of the board assume office immediately on the expiry of the office of members of the outgoing board.
5. 243ZL(1) Notwithstanding anything contained in any law for the time being in force, no board shall be superseded or kept under suspension for a period exceeding six months:
6. Provided that the board may be superseded or kept under suspension in case—
7. (1) Of its persistent default; or
8. (2) Of negligence in the performance of its duties; or
9. (3) The board has committed any act prejudicial to the interests of the co-operative society or its members; or
10. (4) There is stalemate in the constitution or function of the board; or
11. (5) The authority or body as provided by the Legislature of a State, by law, under clause (2) of article 243ZK,has failed to conduct elections in accordance with the provisions of the State Act:
Provided further that the board of any such cooperative shall not be kept under suspension where there is no Government shareholding or loan or financial assistance or any guarantee by the Government
12. 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 THE SUPREME COURT OF INDIA ,CIVIL APPELLATE JURISDICTION,March 19, 2015
CIVIL APPEAL NO. 3047,3048 & 3049 OF 2015 ,
J U D G M E N T
9. Apart from providing for the right to form cooperative societies to be a fundamental right under Article 19 of the Constitution of India and insertion of Article 43B under the Directive Principles of State Policy on promotion of cooperative societies, the amendment also introduced a new Part IXB on Cooperative Societies. Reference to the Statement of Objects and Reasons of the amendment would give a clear picture as to the need to strengthen the democratic basis and provide for a constitutional status to the cooperative societies. Thus, one has to see the constitutional aspirations on the concept of cooperative societies after the 97th Amendment in the Constitution of India which came into effect on 12.01.2012.
“STATEMENT OF OBJECTS AND REASONS
• Article 243ZT provides for continuance of the existinglaws:

“243ZT. Notwithstanding anything in this Part, any provision of any law relating to co-operative societies in force in a State immediately before the commencement of the Constitution (Ninety Seventh Amendment) Act, 2011, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is less.’

12. Thus, by 12.01.2013, all laws on cooperative societies were bound to be restructured in consonance with the Ninety Seventh Amendment of the Constitution of India and, in any case, any provision in the Act or Rules or Bye-laws otherwise inconsistent with the Constitution will be inoperative thereafter. Articles 43B and 243ZT are mandates to all the States and the competent authorities to structure cooperative societies as conceived in the Constitution of India, if not already there. Therefore, we have to see whether the Act, Rules or Bye-laws contain any provision for democratic functioning.

1. 17. The principle of representative democracy is the election of representatives by the people otherwise eligible to caste their vote and the people thus elected, constituting the body for the management of an institution. Thus, in the case of cooperative societies, after the amendment in the Constitution, there has to be a Board of elected representatives, which may be called Board of Directors or Governing Body or a Managing Committee, etc., to which the members entrust the direction and control of the management of the affairs of the society.
2. Supreme Court of India (2013), Civil Appeal No.4691 of 2013 Judgment Pp.34-35.
3. Further, we are inclined to give the following general directions in view of the mushrooming of cases in various Courts challenging orders of supersession of elected Committees:
(1) Supersession of an elected managing Committee/Board is an exception and be resorted to only in exceptional circumstances and normally elected body be allowed to complete the term for which it is elected.

13In the Saraswatikunj Cooperative House Building Society,there is no Government share holding or stake.Thus ,continuation of Board of Administrators appointed by Haryana Government in the society is unconstitutional since 12.01.2013.
Prayer:-
It is requested that Assistant Registrar,Cooperative Society Gurgaon,Haryana & The Saraswatikunj Cooperative House building Society,Gurgaon be directed to
1. honour 97th Constitution Amendment and
2. Judgment 3047,3048 &3049 of 2015 Civil Appeal Jurisdiction of Hon,ble Supreme Court of India and judgment 4691of 2013 of the Hon,ble Supreme Court &
hold election of the Society .

dated Appellant
18.03.2016 Narendar Kumar Bhutani

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Forum Meeting, On 20th March 2016, Sunday, GK 1 @ 11 AM

We are going to conduct a meeting at Chirag Club,Chirag Enclave.
Greater Kailash Part 1 New Delhi 110048 on 20th March,2016 Sunday 11.00am .
All peace loving members are welcome to participate in the meeting.

Dr. N.P. SHARMA
Formerly Director & Principal National Cooperative Union of India and National Centre for Cooperative Education,New Delhi
9873034851

Sh. N.K. Bhutani 9136368210

Landmark symbol –1.NEAR GURU HARKISHAN PUBLIC SCHOOL, PAMPOSH ENCLAVE, GREATER KAILASH 1
2.NEAR NEHRU PLACE FLYOVER,TOWARDS PAMPOSH ENCLAVE,GREATER KAILASH 1
3 NEAR NEHRU PLACE METRO STATION,TOWARDS PAMPOSH ENCLAVE,GREATER KAILASH 1

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Election Society

Hon,ble Chief Minister of Haryana, Gurgaon
Camp office ,Gurgaon 23.02.2016

Re:- Saraswatikunj Cooperative House Building Society,Gurgaon
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

Presently Board is headed by Sh Vinay Pratap Singh IAS, Additional Deputy Commissioner, Gurgaon.
This Board is in control of the affairs of society from 06.05.2010 till now.
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, namely:-
5. 43B. The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.”
243ZK.(1) Notwithstanding anything contained in any law made by the Legislature of a State,the election of a board shall be conducted before the expiry of the term of the board so as to ensure that the newly elected members of the board assume office immediately on the expiry of the office of members of the outgoing board.
243ZL(1) Notwithstanding anything contained in any law for the time being in force, no board shall be superseded or kept under suspension for a period exceeding six months:
Provided that the board may be superseded or kept under suspension in case—
(1) Of its persistent default; or
(2) Of negligence in the performance of its duties; or
(3) The board has committed any act prejudicial to the interests of the co-operative society or its members; or
(4) There is stalemate in the constitution or function of the board; or
(5) The authority or body as provided by the Legislature of a State, by law, under clause (2) of article 243ZK,has failed to conduct elections in accordance with the provisions of the State Act:
Provided further that the board of any such cooperative shall not be kept under suspension where there is no Government shareholding or loan or financial assistance or any guarantee by the Government
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 THE SUPREME COURT OF INDIA ,CIVIL APPELLATE JURISDICTION,March 19, 2015
CIVIL APPEAL NO. 3047,3048 & 3049 OF 2015 ,
J U D G M E N T
.9. Apart from providing for the right to form cooperative societies to be a fundamental right under Article 19 of the Constitution of India and insertion of Article 43B under the Directive Principles of State Policy on promotion of cooperative societies, the amendment also introduced a new Part IXB on Cooperative Societies. Reference to the Statement of Objects and Reasons of the amendment would give a clear picture as to the need to strengthen the democratic basis and provide for a constitutional status to the cooperative societies. Thus, one has to see the constitutional aspirations on the concept of cooperative societies after the 97th Amendment in the Constitution of India which came into effect on 12.01.2012.
“STATEMENT OF OBJECTS AND REASONS
• Article 243ZT provides for continuance of the existinglaws:

“243ZT. Notwithstanding anything in this Part, any provision of any law relating to co-operative societies in force in a State immediately before the commencement of the Constitution (Ninety Seventh Amendment) Act, 2011, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is less.’

12. Thus, by 12.01.2013, all laws on cooperative societies were bound to be restructured in consonance with the Ninety Seventh Amendment of the Constitution of India and, in any case, any provision in the Act or Rules or Bye-laws otherwise inconsistent with the Constitution will be inoperative thereafter. Articles 43B and 243ZT are mandates to all the States and the competent authorities to structure cooperative societies as conceived in the Constitution of India, if not already there. Therefore, we have to see whether the Act, Rules or Bye-laws contain any provision for democratic functioning.

17. The principle of representative democracy is the election of representatives by the people otherwise eligible to caste their vote and the people thus elected, constituting the body for the management of an institution. Thus, in the case of cooperative societies, after the amendment in the Constitution, there has to be a Board of elected representatives, which may be called Board of Directors or Governing Body or a Managing Committee, etc., to which the members entrust the direction and control of the management of the affairs of the society.
Supreme Court of India (2013), Civil Appeal No.4691 of 2013 Judgment Pp.34-35.
Further, we are inclined to give the following general directions in view of the mushrooming of cases in various Courts challenging orders of supersession of elected Committees:
(1) Supersession of an elected managing Committee/Board is an exception and be resorted to only in exceptional circumstances and normally elected body be allowed to complete the term for which it is elected
(2) Elected Committee in office be not penalised for the short-comings or illegalities committed by the previous Committee, unless there is any deliberate inaction in rectifying the illegalities committed by the previous committees.
(3) Elected Committee in Office be given sufficient time, say at least six months, to rectify the defects, if any, pointed out in the audit report with regard to incidents which originated when the previous committee was in office.
(4) Registrar/Joint Registrar are legally obliged to comply with all the statutory formalities, including consultation with the financing banks/Controlling Banks etc. Only after getting their view, an opinion be formed as to whether an elected Committee be ousted or not.
(5) Registrar/ Joint Registrar should always bear in mind the consequences of an order of supersession which has the effect of not only ousting the Board out of office, but also disqualify them for standing for election in the succeeding elections. Registrar/Joint Registrar therefore is duty bound to exercise his powers bona fide and not on the dictation or direction of those who are in power.
(6) Registrar/Joint Registrar shall not act under political pressure or influence and, if they do, be subjected to disciplinary proceedings and be also held personally liable for the cost of the legal proceedings.
(7) Public money not to be spent by the State Government or the Registrar for unnecessary litigation involving disputes between various factions in a co-operative society. Tax payers money is not expected to be spent for settling those disputes. If found necessary, the same be spent from the funds available with the concer

In our Society ,Haryana Government has willfully disdained & derided our sacred Constitution ( 97th Amendment)and judgment of Hon,ble Supreme Court of India and for no reason ,delaying Election in the Society.
Prayer:-
It is requested that Registrar,Cooperative Society,Haryana be directed to
1. honour 97th Constitution Amendment and
2. Judgment 3047,3048 &3049 of 2015 Civil Appeal Jurisdiction of Hon,ble Supreme Court of India and judgment 4691of 2013 of the Hon,ble Supreme Court.
3.Judgment of Hon,ble Punjab & Haryana High Court in CWP 1116/2011 and CWP 21290/2012
hold election of the Saraswatikunj Cooperative House Building Society ,Gurgaon .

Yours sincerely,
N K Bhutani
28 Friends Apartment sec 9 Delhi 110085
9136368210 email nkbhutani28@gmail.com
AADHAAR 543888078867

Annexure 1—Constitution Part :-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.
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 .
Annexure 2:- Hon,ble High Court of Panjab & Haryana In CWP 1116/2011(10.2.11) directed “ The Returning Officer is directed to prepare a fresh voters list ’as defined under rule2(g) of Appendiix and Part- 1 of the Rules and section 20(d) of the Act after hearing the objections of the parties and then to start the election process in accordance with law as expeditiously as possible.
In CWP 21290/2012 date of decision 03.10.2013 Hon,ble High Court ordered & directed Assistant Registrar, Gurgaon to prepare fresh voter list by excluding names of those members who are defaulters of the society. The requisite exercise should be completed by respondent no 1 Assistant Registrar, Gurgaon within a period of two months from the date of receipt of a certified copy of this order.
In CWP 17530/2012( Date of decision 03.10.2013) ,Hon,ble High Court directed to respondent no 3, Deputy Registrar, Gurgaon to decide the appeal filed by the petitioner under section 114(2) of the Act within a period of one month from the date of receipt of a certified copy of the order.
The Deputy Registrar,Gurgaon on 12.12.213 made the decision and directed Assistant Registrar,Gurgaon to provide sufficient hearing and by consideration of evidences, by passing a speaking order i.e. a genuine list of members should be prepared in an expeditious manner and ARCS,Gurgaon should scrutunise the list on these parameters either by grouping or on case by case basis instead of generalizing in an arbitrary manner so as to serve the interest of the genuine members of the society.
Hence ,the challenged portion of the order dated 18.07.2012 and consequently the voter list prepared thereon suffers from various discrepencies and can’t sustain in the eyes of law, hence quashed with the above observations/directions.
On 14.11.2014,The Assistant Registrar, Gurgaon made the decision and directed the Society
“— in view of all facts, evidences/basis, the Society is directed that in continuation of earlier voter list, it should prepare part-2 of voter list inconsonance with Haryana Cooperative Society Act, Election Rules 1989 and No defaulter person/member be included in the list. The proposed voter list should be sent immediately to this office. In any one has any objection on the voter list, it will be heard an accordance with Haryana Cooperative Society Act,1984 and Election Rules ,1989.

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Democratic Control Over Society

Nomination of Managing Committee-
There is strong rumor that certain elements/mafia persons are making efforts that there is no need of election in the society & nominated body should take over.

In this respect our position is very clear & candid.

The Constitution 97th AMENDMENT ACT,2011. Its section 3 states
In Part 4 of the constitution,after article 43A,the following article shall be inserted,namely:-
“43B. The State shall endeavour to promote voluntary formation,autonomous functioning,democratic control and professional management of co-operative societies”
March 19,2015
In CIVIL APPEAL NO 3047 OF 2015
(ARISING FROM SLP (C) NO 6237/2014
Vipul bhai M.Choudhary…Appellant(s)
Versus
Gujrat Cooperative Milk Marketing Federation Limited & others…Respondents(s)
This Constitutional Amendment & Hon,ble Supreme Court judgment made very clear that there will be democratic control. Thus there is no scope of nomination of managing committee.
N K Bhutani
9136368210

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Election–97 th amendment in Constitution

To Gurgaon
The Hon’ble Chief Minister of Haryana, 05.02.2016
Chandigarh
Respected Sir,
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.
4. Inspection/Audit
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.

PRAYER
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.

Yours sincerely,
Narender Kumar Bhutani 7285
28 Friends Apartment sec 9 Rohini Delhi 110085 (9136368210 AAdhaar 543888078867 ) email nkbhutani28@gmai.com
2. Balraj Vachher 9891683066

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Forum Meeting, On 17th January 2016, Sunday ITO

Dear Saraswatikunj Members,

We wish to inform our members that our forum has planned to hold the meeting, on 17.01.2016 Sunday at 11.15 am at Raja Ram Mohan Roy Memorial trust building,12 Rouse Avenue Lane, New Delhi 110002.

It is very close to Metro Station ITO Gate no. 2 & 1 and adjoining to Andhra School,RED LIGHT & opposite Gandhrva Mahavidayla,Balbarti

All peace loving members are welcome to attend it. However, forum reserve its right to refuse admission who is potential disturbance creator.

Dr. N.P. Sharma 9873034851
Former Principal,National College of Cooperative Education &
Director,National Cooperative Union of India,New Delhi

Sh. N.K. Bhutani 9136368210
Principal Trustee – Awaken Forum

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