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Judgment
Jayant Patel, J.—Leave to implead the District Registrar, Cooperative Societies, Ahmedabad (Rural) as party respondent No. 5.
Heard Mr. Jani, learned Counsel appearing for the petitioners, Mr.Joshi, learned Counsel for respondent No. 4, Mr. Shukla, learned AGP for respondents No. 1, 2, 3, and 5 upon advance copy.
Prima facie it appears that there are serious disputes about the memberships of the Society and as per the petitioners, the amount has been paid fully, the plots are allotted, but the membership rights are yet to be confirmed. In a housing Cooperative Society or Cooperative Society for the joint agriculture (Samudayik), though there may be rights as the members, but at the same time the rights of the allottee of the land cannot be totally ignored, unless some detailed inquiry is made in this regard and the election can wait thereafter. Further, as the appointment of custodian has been set aside and the powers are given of the Committee to the Body, against which there are serious allegations of manipulations of the records, etc., it may leave room to further damage to the administration of the Society and, therefore, I find that until the election is ordered by this Court after the inquiry, as may be ordered hereinafter and the report is placed before this Court, the situation must remain under control to protect the rights of both the sides.
As there is no agreement on behalf of the respondent No. 4 on the name of the officer to inquire about the affairs of the Society, I find that the officer of the State Government namely; District Registrar can be assigned such work. Since the District Registrar, Ahmedabad City respondent No. 3 herein had exercised the power earlier u/s 74D, it would be appropriate if such work of inquiry is assigned to the other officer, who can be District Registrar, Ahmedabad (Rural) respondent No. 5 herein. Since the District Registrar is even otherwise also normally supposed to be well-versed with the administration of Societies, he would be in a position to look into the matter and submit the report.
In view of the above, I am inclined to pass the following order:
(a) Rule. By interim order, it is directed that:
(i) Respondent No. 5, after giving opportunity of hearing to the petitioners as well as to respondent No. 4 or the original office-bearers of Respondent No. 4 Society, shall inquire into the following aspects and report to this Court:
(1) The persons, who were original members of Savita Govind Samudayik Kheti Sahakari Mandali Limited.
(2) The persons, whose rights were created, may be by way of allotment of the land, after receiving the money by the aforesaid Society;
(3) The extent of such rights of the persons in the Society or its property shall also be considered.
(4) At the time of conversion of Savita Govind Samudayik Kheti Sahakari Mandali Limited to Savita Govind Cooperative Housing Society Limited, whether there was any change in the membership and if yes, of what type (names and other details) ? The list of the members of Savita Govind Coop. Housing Society Limited shall also be examined and considered.
(5) If there is any claim by any person after conversion of the status as Savita Govind Coop. Housing Society Limited being the allottee of the plot or the land after payment and the consideration to the Society, the same shall also be considered and the extent of the right of such persons in the Society and the property of the Society shall also be considered.
(6) The change of the revenue assessment from agriculture to non-agriculture, whether sanction is there and, if yes, the order of the competent authority. If required, the relevant opinion or the views from the office of the District Collectorate may also be called for and considered.
(7) The details, if any, submitted by the office bearers of the Society or representative of the Society to the revenue authority at the time when Savita Govind Samudayik Kheti Sahakari Mandali Limited was there at the time of conversion or thereafter to as Savita Govind Coop. Housing Society Limited.
(8) The conclusion of the Officer, after giving opportunity of hearing to the parties concerned, in respect to the rights of the petitioners as well as the other persons into the election or the affairs of the Society and also the conclusion in respect to the rights of the members holding share-certificates or otherwise into the election or affairs of the Society.
(9) It would be open to the petitioners as well as to the office-bearers of the Society to produce documentary evidence in support of their respective claims and if required, it would also be open to the District Registrar to call upon the Society or the so-called office-bearers of the Society, if they are in possession of the record, by directing to produce the record before him for verification of the genuineness or otherwise or in furtherance to the aforesaid inquiry.
(ii) The aforesaid process shall be completed within a period of three months from the date of receipt of the order of this Court and the report shall be produced before this Court latest by 30.4.2008. It is observed that after the report is produced before this Court, the matter shall be considered for ordering election of the Society concerned.
(iii) Until further orders, the office-bearers of the Society shall not take any decision without prior express permission of this Court and the status-quo as existing of the management of the Society shall be maintained.
Office to supply copy of the order to Mr. Shukla, learned AGP.