OFFICE OF THE ASSISTANT REGISTRAR, COOPERATIVE SOCIETY, GURGAON
In reference to election of the Saraswati kunj cooperative House Building Society, Gorgon in CWP no 1116/2011 and others Hon’ble High Court of Panjab &Haryana has passed following order on 10.02.2011
“The Returning Officer is directed to prepare a fresh voter’s list as defined under rule2 (g) of Appendix A 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 .He will also consider the validity and legality or otherwise of the alleged resolution dated 6.10.1996 in preparing the new voter’s list in view of the aforesaid observations.’
Now the Hon’ble High Court has ordered in CWP no 6581/2011 on 29.05.2012 that voter list be finalized within 45 days and its compliance report be given before next date of hearing 06.08.2012 or before.
In compliance of High Court order, to give opportunity, this office on 09.07.2012, has issued a letter to the following parties to file their respective objections by 16.07.2012.
1.Sh Dwarka Nath&others CWP 1116/2011
2.Sh Rajendar Sharma and others CWP no 1117/2011
3.Sh M.L.Rastogi CWP no 1574/2011
4.Sh.Pushotam Dass Gupta CWP NO 1575/2011
5.Sh.Rajpal Madan and others CWP 1576/2011
6.Sh Randhir Sharma and others CWP no 1577/2011
Among the captioned petitioners, following were present at the hearing on 17.07.2012—–
2.Sh.Rajendar Sharma and Rajesh Guliani
4.Sh. Purshtom Dass Gupta
5.Sh .Rajpal Madan
6.Sh Randhir Sharma and Harjeet Hoon
At the time of hearing,Sh Dwarka Nath,Sh M.L.Rastogi,Sh Purshtom Dass Gupta ,Sh.Rajpal Madan and Sh.Randhir Sharma have filed their main objections which are given as under—
In spite of Hon’ble High Court order dated 10.02.2011and lapse of lot of time, the order of Hon’ble High Court have not been complied with. In reference to examine the legality/validity of resolution dated 06.10.1996,they said that such resolution, banning the new membership was never passed by the society .Even the Registrar in CWP 6581/2011had submitted an affidavit that there is no ban on the new membership. In the election of managing committee of society held on 18.03.2007and election which was planned in 2011was under the governance of board of administrators appointed by the Registrar, on both occasions, persons who became member after 6.10.1996 were enrolled in the voter list. Besides this, objectioners have accentuated that notice regarding objections is misleading and all proceeding germane to this notice is detracting. The Notice is averse to court ‘s order and order is to prepare voter list after hearing the objections of parties or voters.
Objectioners have also submitted they are fail to understand that when the Hon’ble High Court have considered petitioners objection then why the Assistant Registrar has called their objections and doing so is contempt of court. The Hon’ble High Court has asked to prepare voter list &examining the validity/legality of resolution dated 6.10.1996.
Besides this,objectioners Sh.Rajendar Sharma and Sh Rajesh Guliani have filed their objection that among six petitioners,1.Sh Rajpal Madan 2.Sh Randhir Sharma,3.Sh Purshotam Dass Gupta can’t file any claim.In the petition No 16513/2007 Shri Jitender Yadav and others have accepted that the managing committee of the society violating the resolution of general body meeting dated 6/10/96 and the advertisement got published by Assistant Registrar, Cooperative society, Gurgaon have made the members in a wrong way. We three petitioners have become the members of the Society after 6/10/96. Shri Dwarka Nath had pleaded in petition NO. CWP/1116/2011 that default members be prevented in participating in the election but he himself became member in a wrong way after 6/10/96.
Shri Rajender Sharma has said in his objection that in the case of Shri Ranjit Singh vs. Registrar cooperative society, Haryana and others 1986(2)LLR 290 the defaulter members of the primary societies have also been given right to vote. Besides this in the case No. 1997(1)/ICC 757 (P& H) (DB) of Shri Rameshwar Singh vs. Financial commissioners and Secretary, Haryana Government cooperation department, defaulter has been defined. Besides this in the CWP No. 17066/2006 the Chairman has filed the documents according to which the managing committee has not declared any member as defaulter.
All the petitioners became member of the society after 6/10/96. Shri Dwarka Nath in his petition CWP No. 1116/2011 pleaded that the defaulter members should be prevented from participating in the election. He himself became member after6/10/96 in a wrong way.
Regarding objection of section 20(D), Shri Rajender Sharma has prayed giving a reference of cooperative act that according to the decision of Shri Ranjit Singh vs. Registrar cooperative society and others and Shri Rameshwar vs. FCC, section 20 D should be applied. Besides this, the Chairman of the Society, in CWP No. 17066/2006, the managing committee of the society has not declared any member as defaulter.
It is also said that in spite of the general body resolution dated 6/10/96, the previous managing committee while issuing illegal documents have made members and they have been certified in the audit report 2003-2006, they are against the resolution of general body dated 6/10/96 and instruction of cooperative department and against principle of cooperation. In the 10 membership register, the number of members is 9200 and as per Haryana cooperative Society act 1984 section 40 D only that person is eligible member whose detail has been given in the membership register. Last member Shri Omprakash Arora’s name is entered on 23.11.95. A public notice was got published in the news paper Hindustan Times on 23.11.95by the Chairman of the Society that there is no vacancy in the Society.
A notice for the general body meeting of the society was issued and on 6/10/96, ban on new membership was imposed and there is signature by Inspector audit (1995-1996) at the last member ship No. 9200 in the membership register No.10. In spite of general body meeting dated 6/10/96, the previous managing committee while issuing illegal documents, have made members, their related complaints were sent to Financial Commissioner and Secretary, Cooperation department, Haryana Government. On the basis of the complaints, a meeting of high officials of cooperative department was held under the chairmanship Smt. Rajni Randan on 12-2-97 in which instructions were issued for 326 societies of 31272 members. One of the instruction was that no new member should be admitted and no subscription be received. The managing committee of the society was suspended in the year 1997 for this reason. A public notice got published by the then Assistant Registrar, cooperative society Shri. A.S. Daggar that as per resolution dated 6/10/96, there is ban on the new membership of the society and if any one joins it, it will be at his risk.
Shri Ram Gopal Sharma and Shri I Hassan, Chairman were suspended on account of irregularities committed by them. An appeal against this decision was filed in which Chairman admitted that as per resolution of the society dated 6/10/96, membership has been restricted to 9200. This fact was accepted in CWP No. 17066/2006. Complaints were made by the genuine members to the Director, DTCP and Registrar cooperative society. Legal opinion from L R Haryana was obtained in which following actions were proposed:
1 Genuine members up to 6/10/96 be identified in the society. The committee presided by Joint Registrar, cooperative society, Haryana. presented a list of genuine members. In the scrutiny, 2726 members were found to have resigned from the society and 6474 were found genuine.
2 Genuine members should be considered those who have made payments of plot by way of draft/cheque. While those who deposited the amount in cash be treated as false member.
3 While adopting captioned criteria, it is possible to identify members who became members after 6/10/96 and their membership should be terminated as per rules because they are themselves responsible as per public notice got published by the Assistant Registrar, Gurgaon.
4 As per above criteria, only genuine members should be allowed to participate in the election and only then action can be taken against the illegal allotment letters / registrations.
The record of the society was taken by the officials with the assistance of Police from Delhi. The Board of administrator of the society called the members to deposit claim form as per the approved proforma. 6253 claim forms were received on account of this. In the audit report 2006, the names of 2900 non society members have been entered and 2900 genuine members’ names are not entered. For this, auditor has written that these members have not submitted claim form and this audit report has not been prepared as per the accounts of the society. Some non members of the society have filed CWP No. 16513/2007 in the Hon’ble High Court which was dismissed with the direction to file the case under section 102 of the Haryana cooperative act. Claim of these members have been rejected by the Assistant Registrar, Dy. Registrar, Joint Registrar of the department. One enquiry committee was appointed under Joint Registrar Shri SS Dahiya and two Inspectors of Jhajjer. They were asked to identify the genuine members. According to the report of this team, 6474 were genuine members of the society and this report was sent to the Registsrar’s office.
Besides the written objections, the above petitioners have submitted that in the High Court order dated 10/2/11, the returning officer has been directed to prepare the new voter list in regard to section 20(D) of the Haryana cooperative society act 1985 and election rules appendix A part I after hearing the objection of the parties and thereafter election programme be declared. It has also been directed while preparing the new voter list, the validity/legality of the resolution of the society dated 6/10/96 be examined. In these orders petitioners have not been directed to give objections again and party means genuine voter. The petitioner demanded that as per the order dated 10/2/2011 of the Hon’ble High Court, has directed the returning officer, to prepare the new voter list after considering only on those points and new voter list be prepared.
In this regard, the Manager of the Society has given his written remarks/report to this office on the objection and record of the society.
REMARKS/REPORT GIVEN BY THE MANAGER OF THE SOCIETY
On the legality of resolution dated 06.10.1996 passed by the General Body Meeting of the society
Following documents/facts are presented regarding the resolution passed in General Body Meeting dated 06.10.1996.
1.In the available record of society, there is no record of resolution dated 06.10.1996 or its copy passed in the General body meeting.
2.Besides this, Chairman of the society had got published Public Notice in the Hindustan Times on 23.11.1995 which is as under—
“Some property agent/Dealers are advertising for membership in the society. The Society has nothing to do deal with these advertisements as it has not authorized any agent/person to enroll members .The society has no vacancy ,and any person dealing with such agent/person is doing at his own cost and risk and the society is not responsible for it ‘
3.No entry had been made in the membership register after 23.11.1995. In the membership register,the
last name of Mr.Om Prakash Arora had been entered at serial no 9200.
4. Besides above, in this matter, previous Assistant Registrar, Cooperative Society, Gorgon had got published information in different newspapers several times OR Giving the reference of resolution passed in the General Body Meeting held on 06.10.1996,The Assistant Registrar ,Cooperative Society Gorgon got published advertisement in different newspapers and had warned the general public that according to resolution passed in the General Body Meeting of the society held on 06.10.1996 a ban had been imposed on the new membership so no person should become member of this society.If someone becomes member it is at his risk.
5.As per resolution no 3 on page no 173 of the proceeding book, in the management committee meeting held on 14.07.1996,it was decided to call the general body meeting on 6.10.1996.
6.As per resolution no 6 on the page no 178 ,in the managing committee meeting held on 11.08.1996,it was decided to call the general body meeting of society on 06.10.1996.
7.In the cash book of society on page no 137,an expense of Rs 2,70,000 on 6.10.1996 general body meeting had been entered. No bill or voucher germane to this is available in the record of society.
8.In the membership register of society, the name at last serial no 9200 is entered .In the membership register , name of Mr Om Prakash Arora has been entered at the membership serial no 9200.After that ,no name has been entered in the membership register.
9.It is also illustrated here that for the last many years, in the cases filed before the department under The Haryana Cooperative Society Act,1984section 102—103,the department has given several decisions. In these decisions, the department has ordered that persons who became members before general body meeting 6.10.1996 are genuine members of the society and members whose name had been entered in the membership register are ordered to be member of society.
10.Besides this , while hearing the objections it has come to notice about legal opinion given by the L.R. The society has not taken any action on this. Besides this, this office has not received any last decision on the report of inquiry committee consisting of two inspectors constituted by Registrar on eligible members whose report was sent to Registrar vide letter no 1(11)9971-72 dated 10.09.2009.
Along with this Manager of society has also written in his report that under section 102 in different courts of department, around 100 cases had been filed by the members. In those courts, all the members were considered in the second category. On this basis all the decisions were taken. In the first category only those members were considered whose name was found in the membership register and they became member before 06.10.1996.These were considered genuine. In the second category were those members whose name was not entered in the membership register and they became member after 6.10.1996. Membership of these members was not considered genuine. It is also significant that in the petitions filed under section 102 in decisions where membership of members has been classified GENUINE or NOT GENUINE, the society has also been ordered to prepare seniority list and membership of any member has not been dismissed .It is also significant here that as per bye-laws of the society, it is exclusive right of the General Body Meeting to terminate the membership of any member of the society.
The decisions of different departmental courts are as under and their copy of decisions is also enclosed.
S no name of the court name of the petitioner membership no award
1. Asst Registrar,CS Gurgaon R.K.Sharma 624 member not genuine
2 do Smt Nirmala Sahni 4538 genuine member
3.Additional RegistrarCS Haryana Smt Suman Lata 5129 genuine member
4. DO Sh Anil Dhinghra 5213 member not genuine
5.Deputy Registrar CS Gorgon Smt Anju Dagar 1234 member not genuine
6. do Sh.Sharv Singh 807 member not genuine
7. do Sh Balvant Singh 2819 member not genuine
About Rule 2(g)
It was presented by the manager of the society that in the election rule Appendix A Part 1 rule 2(G) share holder of the society has been considered as voter but previous managing committee ignoring the resolution of general body meeting held on 06.10.1996 and advertisement got published in newspapers of Gorgon by Assistant Registrar, Cooperative Society, Gorgon had issued share certificate in wrong way and share capital and admission fee received from them has not been entered in the record of society and their name is also not entered in the membership register. Under these circumstances only those members be considered voters whose name is found in the membership register and share certificate has been issued. Besides this, manager of the society also submitted that on a single serial no many persons have issued share certificate. In this regard it is observed from the audit report 2006-7 page no 23 to 27 that there are 408 membership no on which 2 or more than 2 share certificates have been issued .For example
Membership no whom membership certificate has been issued
552 1. Sh Uttam Chand
2.Sh Naresh Kumar
3.Sh Vishavnath Kumar
8180 1.Smt Manju Sharma
2.Sh Sunil Goyal
8783 1.ShRamesh Renway
2. Sh.Shailender Kumare Jain
About section 20D
It was submitted by the manager of the society that no documents are available in the society by it can be a Resolution are not available in the record of Society in accordance with any call-money has been demanded from members and there is no such proposal in the proceeding book in which society members have been declared defaulter. Today, it is not possible to take decision on the basis of record available with society that which member applied for what size plot and how much call money deposited by him in the society. No document available in the society which clears that members send any demand or informed about deposited call money.. The audit report which is prepared mainly depends on claim forms but till now claim forms of all members have not been deposited. Therefore, to put ‘D’ before the name of member can not be base. Here, it is noticeable that the plots were registered for the members of the society. They are asked to deposit any call money of demand and they fail to deposit. In this condition they can be called defaulter.
Objections were demanded and also hearing was made to follow up the orders of the Hon’ able Court at the time of hearing the Director, Legal advisers and Secretary were present. After review of records, objections and comments presented by the petitioners of the Society following facts came into light about resolution passed in the General Body meeting of the Society held on 6-10-1996.
It is clear after review of proceedings book no. 2 of the society that pages from 1 to 207 in this proceeding book. The last page of this proceeding book is the proposal page. This resolution passed by managing committee on date 11-8-1996 and after that page no.182 to 207 is vacant. In spite of vacant pages in the proceeding book no.2, a new proceeding book placed to use in which the first resolution was passed by managing committee on date 8-10-1997 recorded there.
So, the resolution of general body meeting dated 6-10-1996 is not available in the proceeding book of the Society. According to general body meeting held on 11-8-1996, proposal no. 6, general body meeting of the society was decided to call on 6-10-1996. With this, the expenditure of the meeting held on 6-10-1996 is recorded in the ladger of the society at page no. 137, Rupees 2, 70,000.
The last serial no. in the membership register of the society is 9200 and Sh. Om Prakash Arora is recorded at the membership number of 9200 dated 23-11-1995. No member has been enrolled after that. According to Hariyana Co-operative societies Act 1984, Article no. 102-103 decision were taken by the department keeping general body meeting held on 6-10-1996, in which only those members are genuine whose names are in the membership register.
A public notice has been published in the Hindustan Times on 23-11-1995 by chief of the Society is as follows:
“Some property agent/Dealers are advertising for membership in the society. The society has nothing to do with these advertisements as it has not authorized any agent/person to enroll members. The society has no Vacancy, any person dealing with such agent/person is doing at his own cost and risk and the society is not responsible for it.”
Besides above, by Assistant Registrar Co-operative Societies Gurgaon has published many times in the interest of public in different news papers about the resolution passed in general body meeting held on 6-10-1996 that the resolution has been passed in the general body meeting “there is a ban on new members to be enrolled, so nobody would become a member of this society, if some one who becomes member knowing all this, he would be responsible for himself.
S. NO. Name of News paper Dated
1 Daink Jagran 8-4-2000
2 Times of India 28-3-2002
3 Danik Jagran 28-3-2002
4 Danik Tribune 5-5-2004
5 Danik Jagran 5-5-2004
6 Danik Jagran 24-7-2004
7 The Tribune 27-7-2004
From advertisements given above, one advertisement in Danik Jagran dated 8-4-2000 is as given below
All are informed that no new membership with the Saraswati Kunj Co-opretive Housing Nirman Society Ltd, Wazirabad District, Gurgaon. As per proposal no.3 of the society dated 6-10-1996 the new members are banned to be enrolled. The Society has nothing to do with any property agent /society or individual to enroll member or any type of dealing. If some one or individuals spite of that does any kind of activities would be responsible for himself.
(Anand Swroop Dagar)
Co-operative Societies, Gurgaon
Resolution adopted by the General meeting of the Committee on 6-10-1996 Committee minute book is not available. But here is the fact that advertising on 23-11-1995 in committee by the Chairman of the committee is no new vacancy advertisement was published; in continuity the resolution must be passed not to enroll new member in the General body meeting of the society held on 6-10-1996. As I understand, without any base that no any advertisement regarding Society can be published by office of the assistant registrar, co-operative Societies Gurgaon.
This way, by managing committee to pass resolution for calling general body meeting on 6-10-1996, to record expenses of general body meeting in society ladger, to publish public information ‘ no vacancy, in the newspaper dated 23-11-1995 by society chief, to record members in the membership register only up to 23-11-1995, to publish advertisement in newspaper about proposals passed in the committee held on 6-10-1996 by assistant registrar, co-operative societies, Gurgaon and raise no objection by society, society-members, or non-society members for many years regarding advertisement published again and again by chief of the society and assistant registrar co-operative societies, Gurgaon, clears that the proposal had been passed in the general body meeting and decision was taken not to enroll new members.
So far as the question of unavailability of the proposal in the proceeding book of the society, after 6-10-1996, share certificates have been issued by former managing committee of society, neglecting many decisions taken in the general body meeting held on 6-10-1996, neglecting advertisement published in the newspapers by assistant registrar, co-operative societies, Gurgaon . It may be possible that the proposal might be hiding on status of society to state true ‘the illegal proceeding’.
On review of above facts, an objection, society management report and documents the facts/evidences which certify that general body meeting was held on 6-10-1996 and decision was taken not to enroll new members. Thus, I understand that general body meeting was held on 6-10-1996 and proposal was passed not to enroll new members in that meeting.
Election Rule Appendix ‘A’ Part- 1 , Rule – 2 (g) Share holder has been accepted voter, but neglecting decisions taken in general body meeting of the society held on 6-10-1996, neglecting advertisement published in the newspapers by assistant registrar, co-operative societies, Gurgaon former managing committee issued share certificates. Share money and admission fee received from them have not been recorded with their name in the record of the society, even their names are not recorded in the membership register of the Society. Such members can not be accepted genuine share holders and on basis of Election Rule Appendix ‘A’ Part- 1, Rule – 2 (g) it is not fair to accept them voters. According to Haryana Co-operative societies act 1984. Article 20 (D) membership register of the society has been accepted evidence regarding this. Therefore, orders for managing committee to prepare voter list of such share holders whose name are recorded in membership register.
Haryana Co-operative societies act 1984. Article 20 (D) The provision is ‘A Member in default of any sum due from him to the society shall not eligible to exercise his right of vote.”
Managing committee commented that no such document is available in the society record which clears who is defaulter member. No such proposal is in the record of Society in which any cash demanded and no such proposals in the proceeding book when any member has been declared defaulter. Today, it is not possible to take decision on the basis of record available with society that which member applied for what size plot and how much cash deposited by him in the society. No document available in the society which clears that members send any demand or informed about deposited cash. The audit report which is prepared mainly depends on claim forms but till now claim forms of all members have not been deposited. Therefore, to put ‘D’ before the name of member can not be base. Here, it is noticeable that the plots were registered for the members of the society. They are asked to deposit any cash of demand and they fail to deposit. In this condition they can be called defaulter
On the issue of Section 20 D, keeping above comments provided to the society such members of the society can not be assumed overdue to whom payable amount has not been demand by the society. Yet, managing committee is directed according to ‘Haryana co-operative societies act 1984 rule 1989 and society sub-rules the members who are recognized as overdue, ‘D’ should be placed before their names in the voter list.
So, manager is ordered to prepare voter list as soon as possible as per orders of Hon’ble high Court dated 10-2-2011 and dated 29-5-2012 in serial order so that orders of Hon’ble high Court be followed up.
It is clarified; in writ petition no. 1116/2011 dated 10-2-2011 orders were to demand objections. As to follow up the orders of Hon’ble court and order dated 10-2-2011 civil writ petition no. 1116/2011 (including other 5 petitions) related parties were asked for objections from this office. Apart from that, objections will be sought from all members of the society according to Haryana co-operative society election rules and “Election Program” released at the time of managing committee Election. This voter list is being prepared only for the election of managing committee and it is only valid during election and limited up to Election.
A signed copy of decision taken above immediately given separately to managing committee for next action.
Co-operative Societies, Gurgaon