JUDGEMENT
GYANSUDHA MISRA, J. -
(1.)DELAY in SLP (civil) 4758 -59/2011 condoned.
(2.)LEAVE granted in both sets of special leave petitions.
These appeals by special leave have been preferred against the judgment and order dated 27.08.2010 passed by the High Court of Punjab
and Haryana at Chandigarh in Letters Patent Appeal Nos.215 and 216 of
2007 (O&M) whereby the Division Bench of the High Court dismissed both the letters patent appeals by a common judgment and order which is under
challenge herein.
(3.)THE letters patent appeals which stood dismissed arose out of two writ petitions filed in the High Court before the learned Single Judge bearing
writ petition Nos.6491/2005 and 7742/2005 which were filed challenging
the orders dated 13.12.2002, 05.09.2003 and 19.11.2004 in the High Court
at Chandigarh which were the Suspension Order, Removal Order of the
erstwhile Committee and order of the Dy. Registrar who dismissed the
appeal against removal. The facts stated therein disclosed that on
04.03.1994, a co -operative society in the name of Mount Everest Co -operative Group Housing Society was formed and constituted under the
Haryana Co -operative Societies Act, 1984 wherein 288 persons became
members of the Society upto 1995 -96 and contributed a total sum of
approximately Rs.7.5 crores towards the funds of the Society which were
to be utilised for purchase of the land. In the year 1996, the Society
purchased approximately 10 acres 4 kanals 14 marlas of land in Village
Wazirabad as well as Hyderpur Viran with the funds contributed by the
members of the Society for achieving its objects. At the time of
formation of the Society, a Managing Committee had also been constituted
with Mr. R.P. Gupta as Secretary but the same was suspended on 23.10.1996
by the then Assistant Registrar Co -operative Societies, Gurgaon on the
allegations of financial irregularities and a Board of Administrator was
appointed. However, the Deputy Registrar reinstated the Managing
Committee of the society on 30.08.1999. Subsequently, on 28.05.2000, a
General Body Meeting of the society took place in which fresh election
was held and a new Managing Committee was constituted wherein the
petitioner No.1 Captain Shri A.K. Mahindra (since resigned during
pendency of this appeal) was elected as Member of the new Managing
Committee and later on was entrusted with the work of Honorary Secretary
of the Society in place of the previous Secretary Shri R.P. Gupta.
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