Rajesh Khanna And Ors. vs Financial Commissioner Of Delhi ...
2001 Latest Caselaw 1881 Del

JUDGMENT

Mukul Mudgal, J.

1. This writ petition under Article 226/227 of the Constitution of India challenges an ex-parte order passed by the Financial Commissioner in appeal which reads as under:-

"Presented today in court by Shri Rajiv Vig, Adv. for the petitioners, an application under Section 151 of C.P.C. for preponement of the case. Heard.

The operation of the impugned order dated 9.11.2001 passed by the Registrar, Cooperative Societies, Delhi is stayed till 14.12.2001 i.e. date of hearing of the appeal on the point of admission."

The Financial Commissioner has given a short returnable date i.e. 14th December, 2001 and has fixed the date for hearing of appeal even on the point of admission. This Court was not inclined to go into the merits of the petition due to the above reasons and the pendency of the dispute before the Financial Commissioner but the learned counsel for the petitioner wanted to argue the writ petition on merits.

2. I have also perused the impugned order dated 9th November, 2001 appointing Shri Madhukar, Joint Director, Directorate of Training & Technical Education Pitampura, Delhi as the Administrator of the Society for six months. Considering the reasons given in the order dated 9th November, 2001 passed under Section 32 of the Co-operative Societies Act persuant to a show cause notice, the order dated 22nd November, 2001 impugned cannot be termed as so perverse so as to warrant interference under Article 226 and 227 of the Constitution of India. The Society had contended before the Registrar that the election had been held and the audit completed. The Registrar found the elections to violate the Act and the Rules and the non-approval of the accounts by the General Body. Considering the fact that the show cause notice inter alia reasoned that the last election was held only on 7th of February, 1999 and the accounts are audited only up to 1997-98, the order of the Registrar finding fault with the Society, inter alia, for not having the accounts placed before the General Body prima facie travels beyond the show cause notice.

3. Having considered the above reasons recorded in the show cause notice and the reasons given in the said order dated 9th November, 2001 of the Registrar, I am satisfied that there is no infirmity in the order impugned in this writ petition which is an ex-parte order granting a limited operation of the order of the Registrar of cooperative societies. In this view of the matter, there is no merit in the writ petition. It is thus dismissed accordingly.

4. Learned counsel for the petitioner has stated that there was concealment of facts and non-compliance of the order of the Registrar of Cooperative Societies dated 12th September, 2001 which factor no doubt will be taken into account by the Financial Commissioner on the next date of hearing if urged before him.

5. A copy of the order be given dusty to the parties under the signatures of the Court Master.