Vinod Sharma v. Registrar of Cooperative Societies & Ors.

Delhi High Court · 30 Sep 2016 · 2016:DHC:8654-DB
Sanjiv Khanna; Sunita Gupta
W.P.(C)8833/2016
2016:DHC:8654-DB
administrative petition_dismissed

AI Summary

The Delhi High Court declined to interfere with the Registrar's disqualification order pending revision before the Financial Commissioner, disposing of the writ petition accordingly.

Full Text
Translation output
$-27 HIGH COURT OF DELHI
W.P.(C)8833/2016
VINOD SHARMA & ANR. Petitioners
Through: Mr.Sulchmeet Singh,Advocate.
VERSUS
REGISTRAR OF COOPERATIVE SOCIETIES& ORS.
Respondents
Through: Ms.Jyoti Taneja& Mir.Shubhanshu Gupta, Advocates for R-1 &6/RCS.
CORAM:
HON'BLE MR.JUSTICE SANJIV KHANNA
HON'BLE MS.JUSTICE SUNITA GUPTA
ORDER o/o 30.09.2016 C.M.No.36079/2016(for exemption)
Allowed,subjectto alljustexceptions.
W.P.(CI No.8833/2016& C.M.No.36078/2016(for stay)
JUDGMENT

1. We have heard the learned counsel for the petitioner, who submits that the petitioner herein is not a disqualified member in terms of the order dated 28.3.2016 passed by the Registrar. It is pointed out that the petitioner and the seven other members were elected unopposed. The dispute pertains to disqualification of a member who had stood for President and had secured 1396 votes as against28 votessecured bythe second candidate. Similarly,the order dated 28.3.16 also disqualified the member who had stood under the 2016:DHC:8654-DB /S. ) womemcategory.

2. The petitioner submits the impugned order, therefore, has the effect of even setting aside the election of candidates against whom no adverse order or disqualification order was passed by the Registrar Cooperative Societies.

3. We notice that the revision is still pending before the Financial Commissioner. It is open to the present petitioner to move an application pointing outthe aforesaid facts. We hope and trust that in case any such application is moved,the Financial Commissioner will take due notice ofthe aforesaid facts and pass appropriate orders.

4. With the aforesaid observation,the writ petition is disposed of. We clarify that this court has not expressed any opinion on the merits ofthe case. ^ SANJIV KHANNA,J. SUNITA SEPTEMBER 30,2016 'AA' ITA GUPTA,