23768-2024
PANKAJ GUPTA AND OTHERS V/S STATE OF HARYANA AND
OTHERS
Present: Ms. Malvi Aggarwal, Advocate
for the petitioners.
Mr. Sharad Aggarwal, DAG, Haryana.
Mr. R.D. Gupta, Advocate and
Mr. K.K. Vinayak, Advocate
for respondent No.6.
Mr. B.S. Bhalla, Advocate
for respondent No.7.
****
On request of counsel for the petitioners, list on 17.12.2024.
Interim arrangement shall continue till then.
It is made clear that in case matter is not argued on the next date,
interim order shall be vacated.
05.12.2024 (SUVIR SEHGAL)
Brij JUDGE
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Mr Narinder Singh Tanwar is President of our forum 99717 25200

and Email ID  nmtanwar@gmail.com

N K Bhutani

The only objection of CWP 23768/2024 is to procrastinate election by abusing law. we have posted  LPA1597/2012 of Panjab High Court(Double Bench) judgment that High Court will not intervene in the voter list and petitioner can approach/file election petition before Registrar after election.

N K Bhutani

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L.P.A. No.1597 of 2012

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

L.P.A. No.1597 of 2012 Date of Decision: 10.10.2012

Sada Nand Punia and others

Vs.

……Appellants

The Registrar Co-operative Societies, Govt. of Haryana and others

…..Respondents

COROM:- HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE RAJIV NARAIN RAINA

Present: Mr. R.S. Tacoria, Advocate for the appellants.

HEMANT GUPTA. J.(Oral)

The present appeal under Clause X of the Letter Patent is directed against an order dated 5.10.2012 passed by the learned Single Judge of this Court whereby the writ petition filed by the appellants challenging the finalisation of the voter list by rejecting objections filed by the appellants was dismissed.

Learned Single Judge has recorded a categoric finding that the deletion of names from the voters list would be a ground for filing election petition and that the appeals cannot be permitted to challenge the election through a writ petition.

This Court in C.W.P. No.1116 of 2011 Dawarka Nath and another v. Returning Officer and others, set aside the election program  in question and directed the Returning Officer to prepare a fresh voter list vide order dated 10.2.2011. It is in pursuance of the direction of this Court, voter

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list has been finalised. The objection filed by appellant No.1 has been declined for the reason such such appellant has no voting right for the reasons mentioned in the earlier order passed by the Returning Officer on 18.7.2012.

Learned counsel for the appellants vehemently contended that out of 9,000 voters, names of as many as 3,000 voters have been deleted from the voters list, therefore, such deletion of names of the voters from the voters list confers cause of action to the appellants to challenge the preparation of the voters list by way of writ petition.

We do not find any illegality in the order passed by the learned Single Judge. It has been held that deletion of names from the voters list would be a ground for challenge in the election petition. It is more so, when the voters list has been finalised in pursuance to the direction given by this Court.

Dismissed

Election

The last election of the Society were held on 12.06.2016

which were held invalid on 07.10.2019 for the reason that voter list was faulty on inclusion of Post 96 members. On  cwp 8655/2020,judgment 20.06.2020 hon,ble Panjab High Court held extension of tenure of Board of administrators illegal and the operation of the impugned order shall remain stayed and the respondents are directed to ensure that the election programme is issued before the next date of hearing.

However due to licence fee issue (and wrong advice accepted by me  which I strongly regret),it was withdrawn.

Again on CWP 19556/2021 Hon,ble Panjab High Court judgment dated 28.09.2021 directed Registrar to issue speaking order within one month on the petition but on 06.05.2022, Deputy Registrar instructed  Assistant Registrar/Society to hold election.

The Registrar, Cooperative Society made a judgment dated 15.07.2022 declaring petition filed by some negative value  members dismissed.

However these negative value members filed appeal before  Government and Additional Chief Secretary, Cooperation dismissed their appeal on 03.02.2024.

These negative value persons who does not believe in the Indian Constitution& Haryana Cooperative society law,1984 filed LPA 424 demanding stay on the election of the society.

Although  8 hearing have been held but still it is yet to be admitted by court. We have favourable judgment and we will plead for its dismissal being ab initio null & void.We hope and pray that all decks for election will be cleared on next hearing 18.04.2024.

We will win and Hamas will be defeated.

N k Bhutani

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CWP-24821-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP-24821-2018

Date of Decision: November 14, 2018

A.K. Kaul

…Petitioner

Versus

The State of Haryana & others

…Respondents

CORAM: HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Present: Mr. C.M. Munjal, Advocate,

for the petitioner.

*****

AUGUSTINE GEORGE MASIH , J. (ORAL)

It is the contention of the learned counsel for the petitioner,

with reference to the order dated 20.12.2012 (Annexure P-5) passed by this

Court in CWP No.24583 of 2012, that the petitioner is entitled to the benefit

of allotment of a plot especially in the light of the exercise which has been

carried out by the respondents in pursuance to the said directions, whereby,

a report of the Saraswati Kunj Commission was submitted, which has been

accepted. The said Commission has ultimately prepared a list of members

of the Society, who have been held entitled to the allotment of plots of 500

square yards. The name of the petitioner figures at Sr. No.18 in the said list.

The respondent – Society is bypassing the seniority list as prepared and is

allotting the plots at random, one of the instances which has been pointed

out is that of one Mohal Lal Arora – respondent No.8 whose name figures at

Sr. No.52, is being allotted a plot at priority keeping in view the fact that a

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CWP-24821-2018

direction has been issued by this Court to consider his claim for allotment of

a plot. Merely because a person approached this Court would not entitle to

any priority especially in the light of the observations made by this Court in

its order dated 20.12.2012 (Annexure P-5), in pursuance whereof, seniority

list has been prepared. Highlighting this aspect, petitioner has submitted a

representation dated 20.07.2018 (Annexure P-10) to respondents No.1 to 3,

6 and 7. Despite that, no decision on the representation of the petitioner has

been taken.

Counsel for the petitioner contends that the petitioner, at this

stage, would be satisfied if a direction is issued to the Registrar,

Cooperative Societies, Haryana – respondent No.2 to consider and decide

the representation dated 20.07.2018 (Annexure P-10) and conveyed the

decision to the petitioner and the Society, within some specified time.

In the light of the statement made by the counsel for the

petitioner, the present writ petition is disposed of without going into the

merits of the case as has been projected by the counsel for the petitioner or

commenting thereon, with directions to the Registrar, Cooperative Societies,

Haryana – respondent No.2 to consider and decide the representation dated

20.07.2018 (Annexure P-10) within a period of six weeks from the date of

receipt of certified copy of this order. The decision so taken be conveyed to

the petitioner and Society forthwith.

It is made clear that in case the Saraswati Kunj Commission has

indeed prepared a seniority list, the same be not bypassed and the plot

should be offered according to that seniority list especially in the light of the

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CWP-24821-2018

observations of this Court in its order dated 20.12.2012 (Annexure P-5).

(AUGUSTINE GEORGE MASIH)

November 14, 2018 JUDGE

Harish

Whether speaking/reasoned: Yes/No

Whether Reportable: Yes/No

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LPA 424

Much buzz  is  heard on the last hearing dated 28.02.24 held at Panjab High Court.

Learned State counsel prays for still more time to file an additional

affidavit explaining the delay in the publication of a fresh voter list of the

members of the Saraswati Kunj Cooperative House Building Society (for short, the Society). The needful be done at least three days before the adjourned date with an advance copy to the learned counsel for the appellants.

Adjourned to 18.04.2024

Courts are “absolutely powerless” in staying an election, the Supreme Court observed on Friday, citing a constitutional provision which proscribes judicial interference in electoral matters.

A bench of justices Surya Kant and Dipankar Datta emphasised that the Constitution,  puts an embargo against interference by courts.

Court  is not supposed to override Haryana Cooperative Society Act,1984 and Act does not permits inclusion of non members in the voter list.

The appeal of   ill negative mentality persons in Panjab High Court which ultra vires Constitution is  ab initio null & void & is likely to be dismissed in the next hearing.

Nk bhutani

31.10.2013    Hon,ble Panjab & Haryana High Courtg on 31.10.2013  passed final order/judgment in Civil Writ Petition No.13129 of 2001 and Civil Writ Petition No.7880 of 2002. Till date society has not filed appeal against these IMPUGNED judgment.

We lost the petition simply for the reason that society didn’t  produce title of land in the court.

Page 18 of first report scr

While on the one hand the state of Haryana was granting licences to the society for carving out plot to its members, simultaneously, on the other hand it had initiated the process of compulsory acquisition of the society land for HUDA.

Page 21 of first Sharma Commission  report

Since the purpose of both the organizations was the same, that is, allotting plots to people, the society to its members HUDA to the general public, the view that this Government should not have acquired the land of the society certainly has a lot of merit.

Page 23/68 of first report

“It was pointed out by Sharma Commission that the administrators would be expected to address the problems of wrong doing of the Society that led to the supersession  of the elected Managing Committee in the first place, put the society working on the right track but it does not appear to have happened here..

The Government appointed Administrators who were senior officers of the government of Haryana posted at Gurgaon after their two long stints, one of about two and half years  and the other of slightly over six years, after elections in the society to elect a new Managing Committee, appear to have handed back the Society to the elected Managing Committee just it was before they took charge,or perhaps in worse shape, without either having addressed any problem of the society or without either having given the Society any sense of the direction that is should take towards a resolution of its problems.”

Page 31/38 of second Sharma Commission report

Recommendations

Right there wrongs that have been committed in the past

Page 35/38 of second Sharma Commission  report

The government releases the land of the society that it has acquired over the years.

Sharma Commission report also says acquisition of land was unfair and its report has been accepted by the government.

CWP 17545/2007

In this acquisition Government has acquired 124 acre land out of which 88.89 acre of land belongs to society but unfortunately Society has not submitted title of  land documents claiming ownership and we may again lose the petition.

The Board of Administrators are not inclined to represent  society position rigorously as being Government servants they can’t go against their employer.

Original Jamabandi of above land aggregating 88.89 acre arranged and handed over to our Senior Advocate  for onward submission to High Court.

If above land is released, it is sufficient to cater the needs of pre as well as post 96 members on vertical basis.

Next date of hearing is 13.03.24

N K Bhutani