However, it has show weaknesses in safeguarding the interests of the members and fulfillment of objects for which these institutions were organized. There have been instances where elections have been postponed indefinitely and nominated office bearers or administrators remaining in-charge of these institutions for a long time. This reduces the accountability of the management of co-operative societies to their members. Inadequate professionalism in management in many of the co-operative institutions has led to poor services and low productivity. Co-operatives need to run on well established democratic principles and elections held on time and in a free and fair manner.

Date  Particulars

• 31/03/1983

A certificate of registration was issued to the petitioner society by the Registrar, Cooperative Societies, Haryana showing the petitioner was duly incorporated and registered under the Punjab Cooperative Societies Act, 1961 (as applicable to the State of Haryana).

The petitioner society has over 6000 members, all belonging to the lower middle/middle income group of the society having no residential accommodation. The society was constituted and registered with the primary object to purchase or acquire land by lease, exchange or otherwise and to undertake the development of land for provision of housing sites to its members.

• 02/10/1989

The petitioner society framed its own bye-laws and the same were adopted in the General Body Meeting of the petitioner society. The said bye-laws had been duly approved by the competent authority.

• 17/01/1991

The Deputy Registrar, Cooperative Societies granted the permission to the petitioner society under the provisions of Haryana Cooperative Societies Act, 1984 to purchase 760 Bigha=475 acre land with a view to provide houses to its members on “no-profit-no-loss” basis in consonance with the objectives of the petitioner society.

• 09/06/1993

In order to fulfill the objectives enumerated in the bye-laws to provide residential sites/houses to its members, the petitioner Society applied to Town & Country Planning, Chandigarh under the provisions of the Haryana Cooperative Societies Act for grant of license to set up a residential colony on the prescribed form LC-I, as provided under rule 3(1) of the Rules framed under the Act.

Petitioner society along with the requisite documents had paid a sum of Rs.10,000/- through demand draft for the grant of license and a sum of Rs.87,000/- towards scrutiny fee @ 15 paise per square meter for an area of 142 acres approximately.

• 30/06/1995

Respondent No. 3, after scrutiny of the application and upon the petitioner society fulfilling the requirements prescribed by respondent No. 3, granted License No. 3 of 1995. The license was granted for 115.86 acres of land to develop 950 plot of various size.  The colony regarding which the license was given forms part of Sector 53 and 54 of the development plan of the controlled area, Gurgaon.

• 30/07/1998

In the meanwhile Deputy Registrar, Cooperative Societies Gurgaon in his letter to the Assistant Registrar, Cooperative Societies granted the permission to the petitioner societies under Section 89 of the Haryana Cooperative Societies Act, 1984 for purchase of 500 acres of land to the petitioner society. As such, the petitioner society had purchased the land for development of the residential colony and its extension after getting the due permission in accordance with law.

• 07/01/2000

Town and country Planning, Haryana has granted the license for an additional area of 100.526 acres out of 192 acres vide license No. 1 of 2000 to develop 821 plots of various sizes. The request for grant of license for the remaining land measuring 91.5 acres approx. is still pending with State Government along with the license fee of Rs. 92 lacs.

Thus society has permission to develop 1821 plot in Wazirabad Village, Gurgaon.

The petitioner society had already developed the license area of 115.86 acres and completion certificate in respect thereof has been obtained from Town & Country Planning, Haryana.

Government has acquired about 150 acres of land of the society.

274 plots of various sizes are available for allotment

The plot wise breakup is as follows

Sy yard                                                        No.

100                                                                 78

250                                                                170

500                                                                24

700                                                                00

1250                                                                2

That the Joint Registrar, Cooperative Society Haryana, Panchkula on 7.10.2019 in petition No.41/2016 set aside election of the respondent society on 12.6.2016 and observed that:-

“Government of Haryana vide notification No. 3266-C-6 2016/6358 dated 6.6.2016 constituted a commission under the Chairmanship of Sh. S.P. Sharma IAS (Retired) to sort out the issues related to the membership of the society and the report submitted by the Commission has been accepted by the Government and same has been sent to ARCS, DRCS Gurgaon and Society for its proper implementation. The society has also accepted the commission report and resolved to implement the same in letter and spirit and also as per reply of the ARCS, out of the total 2606 votes who were listed in the voter list for the election of the society held on 12.6.2016 approximately 53% are non member of the society.”

The Registrar office vide letter No. GA-3/2018/ 1/8720 dated 17.12.2018 further directed respondent society to implement the commission report.

Membership

GENUINE  MEMBERS  AS PER SCR

1895 have balance at less than 775 psy

2070 have balance between 775 and 2100 rupees.

2034 have balances 2100 or above.

5999 genuine members have credit balance.

1895 members who had less than Rs 775 psy.

547 plots  registered  to genuine members.

Thus 2070+2034-547=3567 Genuine members need to be accommodated.

NON GENUINE MEMBERS AS PER SCR

638     plots registered to non-genuine members.

172     plots registered to untraceable—whose details are either not available or whose names and membership numbers do not match .

27      Registries  from serial number 8701-9200

2163   members who have paid at Rs 2100.& above psy and

584     Non genuine members have been registered plot.

945     members have paid between  Rs 775 & 2100. And 37 plots have been registered.

2163-584+945-37=2487 ngm to be accommodated.

8701—9200

124   have deposited Rs 2100 psy

24  have registries.

251  have deposited between Rs 775 to 2100.

Thus total 2487+351=2838 NGM members.

6405 = 3567+2838 members in all are to be accommodated.