Please mention on envelope:
Objection to report of Commission constituted in the Saraswatikunj CHB Society
To be reached before 06.01.2018 by Registered post only
The Chairman, Delhi
Commission, Saraswatikunj Cooperative House Building Society Dated 22.12.2017
C/o , Deputy Registrar, Cooperative Society,
Mini Secretariat , Gurgaon -122001
Re— Inclusion of my name having membership no ——– dated ——- in the list of members
This has reference to public notice published In Hindustan Times on 08.12.2017, I humbly furnish my submission to include my name in the list of members (K series ). My name has been excluded on the under mentioned explanation of the Haryana Cooperative Society Act,1984.
Section 40 of the Act
Thus if a person name occurs in the membership Register maintained by a Cooperative Society, it would be proof of his membership and he would be deemed to be member.
Conversely if a person’s name does not appear in the membership Register maintained by the Society, he cannot be considered to be member of the society.
And for a person’s name to appear in the register of members there has to be an approval of the competent authority.
Membership Register of the society could be considered to be genuine members of the society.
And all those whose name does not appear in the register of members cannot be considered as members of the society.
In the Management Committee meeting held on 02.04.1995 membership was approved upto serial number 7139.
In the Management Committee meeting held on 07.05.1995 membership was approved up to 8700.
This is the last approval of membership either by the Management Committee or by the General Body of the society that is available in the records.
In this respect, my humble submission is as under :–
1. According to doctrine of Indoor Management, a person entering into a transaction with the society only needed to satisfy that his proposed transaction is not inconsistent with the bye-laws of the society. He is not bound to see the internal irregularities of the society and if there are any internal irregularities then society will be liable as the person has acted in the good faith and he did not know about the internal arrangement of the society.
The rule is based upon obvious reason of convenience in business relations. Firstly, the bye-laws of the society are public documents and they are open to public for inspection. Hence an outsider is presumed to know the constitution of a society, but what may or may not have taken place within the doors that are closed to him.”
Members, for example, need not enquire whether the necessary Management Committee meeting was convened and held properly or whether necessary resolution was passed properly. They are entitled to take it for granted that the society had gone through all these proceedings in a regular manner and it is up to society to rectify their issues at appropriate time.
It gives right to presume that whatsoever is required to be done internally should have been done.
2.Society has given impression and has taken benefits by affirming him that he is a member of the society.
3. Under no provision of law, he is to participate in the procedure for taking him as member.
4. Society never sent him any communication that he is not a member of the society or no body at any point of time communicated all members about any irregularity so far.
5. The AUDIT department of Registrar, Cooperative Society, Haryana had been conducting audit of the society regularly. It never pointed out that desired approval from Managing Committee/General Body Meeting was not obtained. On the other hand, in the PUBLIC Notice of Chairman speech published in Hindustan Times on 26.10.1996 affirms that society had membership of 9200 members as on the date of General Body Meeting dated 06.10.1996.
6. In the audited balance sheet as of 31.03.1996 and onward upto 31.03.2007, the society has shown share capital of Rs 9,20,200 ie affirming membership of 9202 members.
7. In the audited balance sheet of the society,2003-2006 & 2006-2007, audit report confirms membership of 9202 members and my name has been listed as member of the society.
8. My name is mentioned in the voter list of the election conducted by Assistant Registrar, Cooperative Society, Gurgaon on 18.03.2007.
I have been issued share certificate bearing membership no ——– dated ——— which is valid till date.
9. I have made contribution to the society and same is reflected in the pass book issued to me and book of accounts of the society.
10.That I went from pillar to post to get custody of my plot but the dishonest people of Society at that time returned me every time by giving some or the other excuse, thus leaving me fully distressed and harassed.
11.That I was not aware that Haryana Govt. had acquired a huge size of land from the society so if the Govt. is looking into the interest of the Society and its members seriously than this aspect cannot be ignored. The recommendations of the Sharma commission for returning the land to the Society by the Government be considered adhered and followed up rather seriously.
12. Enrolment without resolution can be rectified. According to bye-laws the power to admit a member rests with the general body but a person who is enrolled as a member of a society without there being any resolution of the MC would holds the status of member when there is rectification by the general body. AIR 1961 MP 40.
Madhya Pradesh High Court
Mishrimal vs District Co-Operative Grower’S … on 21 July, 1960
Equivalent citations: AIR 1961 MP 40
Although according to the bye-laws the power of admitting new members is given to the managing committee, we do not think that the general body, which has plenary powers of management of the affairs of the society, is deprived of that power, which is nothing more than in the nature of delegation.
12. A distinction has to be drawn between j cases where a power is derived by an inferior local authority of a corporation under an enactment or rules framed there under and cases where certain functions of the corporation are entrusted to it under bye-laws or resolutions of the corporation itself. In the former case, the power is vested in the inferior authority directly and the corporation cannot exercise it. In the latter case, the power of the local authority is merely a delegation and the corporation itself is not rendered incapable of exercising that power by the delegation. The question was considered in Huth v. Clarke, (1890) 25 QBD 391. Lord Coleridge, C. J. observed:
“The word ‘delegation’ implies that powers are committed to another person or body which arc as a rule always subject to resumption by the power delegating.”
Wills, J. further observed :
“Delegation, as the word is generally used, does not imply a parting with powers by the person who grants the delegation, but points rather to the conferring of an authority to do things which otherwise that person would have to do himself ….. …. it is never used by legal writers, so far as I am aware, as implying that the delegating person parts with the power in such a manner as to denude himself of his rights.” In that case, certain powers were delegated by the executive committee of a corporation to a sub-committee but were later exercised by the executive committee itself without depriving the sub-committee of those powers. It was held that such exercise of the powers by the executive committee was legal. Similarly, in the present case, the exercise of the powers to admit members by the general body of the co-operative society is valid, even though under the bye-laws that power has been given to the managing committee. Accordingly, we hold that the ratification by the general body lot the admission of the appellant as a member was legal enough to confer on him the status of a member.
Section 25 of the Haryana Cooperative Society Act,1984
12. FINAL AUTHORITY AND ITS MEETINGS
(1) The final authority in a cooperative society shall vest in the general body meeting of members.
(2) general meeting of a cooperative society shall be held once within a period of
six months of close of the financial year .
In view of foregoing it is sincerely requested that judgment of Sharma commission which is without hearing the members (totally against the established principle of natural justice) be ignored and irregularities noticed first time be rectified on merits i:e entering the name in the register with signature etc.
REPORT :- listed in the series U/T serial no——– page no——-
Enc .Copy of
1. share certificate
3.——–Letter of allotment/possession