Baldev Raj and Others vs Registrar, Cooperative Societies and Others

Hemant Gupta, J.—The challenge in the present letters patent appeal is to an order dated September 25, 2012 passed by the learned Single Judge of this Court, whereby the writ petition filed by some of the members of the Milkfed Employees Cooperative House Building challenging the order passed by the Registrar, Cooperative Societies, U.T., Chandigarh, on 07.02.2011 (Annexure P-28) and the order of the Adviser to the Administrator, Chandigarh Administration dated 25th May, 2012 (Annexure P-30) was dismissed. The claim of the appellants (some of the members of the Cooperative Society) is based upon the resolution of the Society allegedly passed on 14th January, 2006 whereby certain additional amount to be charged from the ground floor allottees was required to be transferred to the allottees of the other floors.

The learned Registrar, Cooperative Societies and the Adviser have found as a matter of fact that the agenda for holding meeting on 14th January, 2006, was in respect of draw of lots of the flats of the Society and not of the amount to be transferred from the allottees of the ground floor to the allottees of the other floors. The said order has been upheld by the learned Single Judge.

The reasoning given by the learned Registrar as affirmed by the Adviser and also affirmed by the Single Judge is that the agenda of the meeting in which the said decision was taken was only for draw of lots. Any decision in respect of charging money for transfer to the other allottees could not be taken without inviting the attention of members of the Society to such aspect. It has also been observed that it shall be open to the Society to take a decision in accordance with law after convening a proper meeting by a proper agenda.

In view of the above, we do not find any illegality in the order passed by the Single Judge, which may warrant interference by this Court in the present appeal. Dismissed.