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

First Meeting On 17.01.2016, Sunday ITO

Dear Saraswatikunj Members,

We wish to inform our members that our forum has planned to hold the first meeting of Year 2016, 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.

Sh. N.K. Bhutani 9136368210
Principal Trustee – Awaken Forum
Dr. N.P. Sharma 9873034851
Former Principal,National College of Cooperative Education &
Director,National Cooperative Union of India,New Delhi

Noida Chapter, Discussion @ 11am, January 3rd, 2016

SARASWATIKUNJ SOCIETY MEMBERS

We are please to inform to our esteemed members that a discussion has been arranged on
03.01.2016 SUNDAY @ 11.00 AM at the following address :

VIMAL BANKA
B-3 SECTOR44
NEAR AMITY GLOBAL SCHOOL & A BLOCK MARKET
NOIDA

Sh N K BHUTANI 9136368210
DR N P SHARMA 9873034851
PROF(Dr)KAMLESH GUPTA 9810907702
PROF(Dr)Z M KHAN 9891083763

NOC – No Objection Certificate

To
The Hon,ble Chief Minister, Gurgaon
Haryana 14.12.2015
Respected Sir,
Re- Unauthorised order of Deputy Registrar, Cooperative Society ,Gurgaon in titled The Saraswatikunj Cooperative House Building Society Ltd ,Gurgaon

The Deputy Registrar, Cooperative Society, Gurgaon had issued an order serial no 4156-57 GA1/URG/18.12.09 to Town Planner,Gurgaon prohibiting to pass map,approved plan of house.

1. Deputy Registrar ,Gurgaon has no power to issue a blanket order restricting the power of Society to issue NOC. No section of the Act, has been quoted which shows that Deputy Registrar, Gurgaon is empowered to issue such direction. In fact Haryana Cooperative Society Act,1984 as amended does not give power to Deputy Registrar to issue such order which is beyond the domain of Act. As such issuing of order is illegal & over stepping of power vested in the concerned official.

(2) The Management Committee of the society had been terminated on 04.05.2010 & since then Board of Administrators appointed by Haryana Government is managing the affairs of the society.

( 3) There is Haryana Cooperative Act,1984 as amended in 2013 whereas in section 117 empowers to take action against any member of managing committee acting in unauthorized manner.

Thus if any authority is misusing the power, sufficient provision has been made in the law and a blanket order can’t be issued restricting the members their basic right to construct house on the land allotted by society.

(4) Because the impugned order are actuated with arbitrariness rather than compliance of the provisions of the Act, rules and bye-laws.

(5) Because in the absence of any statutory provision respondents has no authority or sanction of law to prevent the appellant from constructing the house & Empowering DRCS,Gurgaon issue an order restricting the society to issue NOC No Objection certificate.

(6) Because while passing of the impugned order the Deputy Registrar for extraneous & arbitrary considerations failed to advert to the codified law.

(7) Because the impugned order has been passed arbitrarily on the basis of conjectures, surmises & the personal whims And fancies of the authorities rather than in sync with the provisions of law.

8. It is against the Principle of Natural Justice that an order has been issued by the Deputy Registrar without giving an opportunity to members of society being heard. The order had been issued in violation of basic principle of Natural Justice.

It is submitted that non issuance of the notice to the concerned persons who are adversely affected by the impugned order is violation of the natural justice and only this score impugned order is liable to be set aside. It is no more in doubt that the principles of natural justice are applicable to administrative orders if such orders affect the right of a citizen. (Union of India vs. E.G.Nambudrri,1991(2) SLR S.C.675)
Natural justice requires that no person shall be condemned unheard.

9. Registrar, Cooperative Society can act as guide, philosopher and advisor to Cooperative Society but he can’t meddle in the internal affairs of the society.

10.There is nothing against me on record in any of audit report of society or anywhere else. I had been given plot by society after compliance of all legal formalities. As such denial of issuing NO Objection Certificate is infringement of my rights as member of society .

11. Lastly,RCS,Panchkula has got done reaudit of the society.If Auditor has made any adverse remark against any member, society is competent to take action accordingly but in no way a blanket order can be issued by Deputy Registrar ,Gurgaon prohibiting /restricting issue of NOC to construct house on plot given by society.

12. It is my fundamental right as enshrined in the Constitution of India to construct house on plot given by society. Society has developed colony after having licence no 3/1995 & 1/2000 granted by Director,Town & Country Planning,Haryana.The alleged action of Deputy Registrar is disrespect to licence issued by Haryana Government.

PRAYER

It is, therefore, humbly prayed that the impugned order dated 18.12.2009 passed by the Deputy Registrar,CS Gurgaon be set aside and Society be directed to issue No Objection Certificate to the appellant.
And/or
Any other relief /order which this Chief Minister office may deem fit and appropriate in the facts and circumstances of the present case may be granted in favour of the appellant.

Yours sincerely,
N K Bhutani
Membership no 7285
28 Friends Apartment sec 9 Rohini Delhi 110085 mob 9136368210 email: nkbhutani28@gmail.com

Election-court hearing 01.12.15

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 societyas 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 so called 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 by authority.”

Thus faulty voter list prepared by society has been made ineffective.

Members,this is great victory of democratic thought & nefarious design of NAZI,Hitlar forces to hijack the management committee has been foiled.

The previous manager of society who prepared alleged voter list has left the society.

We are sincerely thankful to various officials of Cooperation Department who took pain to establish rule of law in the society.

nkbhutani 9136368210

COCP 210/2015 – 01.Dec.2015

The case was listed on 01.12.2015.

The Assistant Registrar submitted an affidavit that voter list prepared by society has many discrepancies and a fresh voter list is needed for conducting the election.

Hon’ble Court had given Next date of hearing 09.05.2016.

Members be aware that Mafia & Hitlar forces are quite active to derail the election process.

We should all appreciate & adore the corrective steps taken by Assistant Registrar, Gurgaon & Worthy Registrar,Haryana.

Members, as per direction of RCS,Haryana vide his order dated 01.10.2015 society will prepare membership list. Thereafter voter-list will be prepared as per High Court order.

In all of above proceedings,the alleged imaginary resolution of 06.10.1996 has not been touched.

On the compliance of above, The Assistant Registrar,Gurgaon will declare election.

n k bhutani 9136368210

An Audit Report – Update

Dear Members,

The society has got done reaudit from 1983-2012. It is learnt that Auditor has submitted report but society has not began distributing a copy of report to members. Accordingly, an application under RTI Act was made but no reply. On appeal, undersigned attended the hearing on 26.11.2015 at RCS office Panchkula.

There was a lot of deliberation whether to give copy of report to member or not. The Joint Registrar assured that desired decision will be taken soon.

nkbhutani 9136368210

Last Meeting In 2015, 11 AM, Vasant Vihar – Dec 6th @ 7th

Dear Members Of Saraswatikunj Cooperative Society, Gurgaon

We are please to inform our esteemed members that a meeting has been planned on 06.12.2015 Sunday 11 am at

GOVERNMENT SERVANTS COOPERATIVE HOUSE BUILDING SOCIETY lTD
VASANT VIHAR CLUB
88,PASCHIMI MARG,VASANT VIHAR,NEW DELHI

All peace loving members are welcome to attend it.

Ms Purnima Sardhana Local Coordinator 9871003866

Dr N P Sharma 9873034851
Former Principal,NCCE & Director,National Cooperative Union of India,New Delhi
Dr Kamlesh Gupta former Associate Professor Delhi University 9810907702
Ashok Gupta 9811349622
N K Bhutani 9136368210 temporarily out of service till then 9717572405