Final Forum Meeting On 05th June 2016, Sunday, Before Elections On 12th June, 2016

To Be Written..

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KARKARDUMA, Vikas Marg, Delhi, 29th May, Sunday @ 6 PM

saraswatikunj members meeting

Meeting on 6.00 PM 29.05.2016 SUNDAY

CLINICAL DIAGOONOSTIC CENTRE,69 DR HARGOBIND ENCLAVE ,VIKAS MARG,DELHI 110092

OPP. RAILWAY RESERVATION CENTRE,NEAR KARKARDUMA METRO STATION,KARKARDUMA

ALL PEACE LOVING MEMBERS ARE WELCOME

DR N P SHARMA 9873034851

EX-PRINCIPAL & DIRECTOR,NATIONAL COOPERATIVE UNION OF INDIA

PROF DR (MRS) BINA GUPTA ,GOLD MEDALIST DELHI UNIVERSITY 9910600284

DARAM PAUL 8130247652

KAILASH CHANDER JAIN 9810455646

EX GENERAL MANAGER HRD ESCORTS

B M BHATIA ( BE) 9350318379

NK BHUTANI 9136368210

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Gurgaon, DLF 5 Triniti Tower, Haryana, 28th May, Saturday @ 5 : 30 PM

saraswatikunj members meeting

Meeting on 28.05.2016 SATURDAY @ 5 : 30 PM

TRINITY TOWER CLUB HOUSE DLF 5 GURGAON

ALL PEACE LOVING MEMBERS ARE WELCOME

DR N P SHARMA 9873034851

EX-PRINCIPAL & DIRECTOR,NATIONAL COOPERATIVE UNION OF INDIA

PROF DR (MRS) BINA GUPTA ,GOLD MEDALIST DELHI UNIVERSITY 9910600284

DARAM PAUL 8130247652

KAILASH CHANDER JAIN 9810455646

EX GENERAL MANAGER HRD ESCORTS

B M BHATIA ( BE) 9350318379

NK BHUTANI 9136368210

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Forum Meeting, On 22nd May 2016, Sunday, Panchsheel Club@5.30 pm

Attention of members is invited that our forum has meeting on

Sunday, 22.05.16
5.30 pm at Panchsheel Club,Near Hauz Khas Metro Station,Panchsheel Park Flyover,Red Light crossing

All peace loving members are welcome.

Dr N P Sharma 9873034851
ex Principal & Director

National Cooperative Union of India

Prof( Dr ) Bina Gupta
Gold Medalist,DU

nk bhutani 9136368210

Dharam Paul 08130247652

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Hearing of Objections–10-11-12 May

Members are aware that election program has been published and voter list containing 2608 members has been notified.

In compliance of Hon’ble High Court order,sec 20D has been mae effective .Accordingly,name of members having paid full payment ie

Rs 2100 for plot numbering from 10 to 950 and Rs 2850 for other numbers is the criterion for inclusion of name in the list.

However still,some name are missing inspite of meeting the above criterion.

For this,Assistant Registrar,Cooperative Society,Gurgaon office near John Hall,civil line ,Gurgaon will hear objection from 9am to 2pm for three days.

Our forum members will be there to assist the members

nkbhutani 9136368210

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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 realization.

s.no membership cheque 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

35.1450 001168 Andhra Bank Raj Kumari Adlakha 5000
36.2753 816419 SBI Indra Jain 5000
37.4189 119827 CBOI Satish Chander Malik 5000 1,90,000

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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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