ELECTION OF A CO-OPERATIVE GROUP HOUSING SOCIETY QUASHED
DEEPAK AGRAWAL
(Querist) 11 September 2009
This query is : Resolved
Dear Sir/Madam,
The Managing Committee Elections of a co-operative group housing society have been quashed and setaside by the court of an Arbitrator (nominee of Registrar of Co-op. societies)and fresh elections have been announced due to not following the basic rules of Delhi Co-operative Act.
What are the next steps. What the Managing Committee should do now.riven
Raj Kumar Makkad
(Expert) 12 September 2009
As the clause of refereeing the dispute etc. concerning to your society have already been undertaken which includes that his reference shall be final and binding, management has no option but to accept the reference/award. This undertaking is is given at the time of registration of such societies mentioned not only in the clauses but specifically undertaken even through specific affidavit duly attested.riven
DEEPAK AGRAWAL
(Querist) 14 September 2009
Thank you Mr Makkad. Can I further ask you the following questions:-
1. Can the Managing Committee file an appeal in the higher court, say High Court and Supreme Court(through Tribunal in this case)challenging the judgement of the ARBITRATOR who is the Nominee of Registrar, Co-operative Societies, Delhi.
2. Or does this Managing Committee has no option but to get fresh elections conducted,once again.
3. Who will manage the day-today functioning of the society in the absence of the elected managing committe.
riven
H. S. Thukral
(Expert) 02 October 2009
File an appeal in Delhi Co-operative Tribunal
DEEPAK AGRAWAL
(Querist) 05 October 2009
Dear Mr Thukral,
What would be the result of this appeal,since the managing committee has defaulted on all grounds like, the constitution of MC, List of Members, Accounts Audit etc.
Will it be better to go for fresh elections.
H. S. Thukral
(Expert) 06 October 2009
My reply was to this count that if a legally elected body is dissolved by an arbitrator the appeal of the Award lies with the tribunal. If however there are sustainable grounds of mis-management of cooperative society the Registrar can order an inquiry under the Act and also dissolve the body and appoint an administrator till fresh elections are held. It is always better to have an elected body in place because in most of cases the administrator indulges in wasteful practices. If you have specific problem regarding your society you can further discuss with me. Fortunately I am President of a CGHS and familiar with the rules regulations of co-operative society.
DEEPAK AGRAWAL
(Querist) 06 October 2009
Dear Mr Thukral,
Thank you for your reply. However, in this case the elected body was found illegal on certain grounds as explained in my previous reply to you and that it why the Arbitrator quashed and set aside the Elections of the society in his 4-page judgment, confirming the illegality of the elected body.
What should the Elected body do now. Should they go for appeal in tribunal. Will it be helpful to them or not.
tyicroly
H. S. Thukral
(Expert) 09 October 2009
as far as the elected body is concerend they have a right to appeal to the appellate authority. They can seek status quo meanwhile. Whether they succeed or not can not be commented without knowing facts. The Registrar in the cirucmstances of setting aside the election has to appoint another returning officer to conduct fresh election.
DEEPAK AGRAWAL
(Querist) 09 October 2009
Thank you for the information.
