J.N. CHAUDHARY Vs. STATE OF HARYANA
LAWS(SC)-2014-4-70
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on April 24,2014

J.N. Chaudhary Appellant
VERSUS
STATE OF HARYANA Respondents


Cited Judgements :-

BALRAJ SINGH MALIK VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2014-12-170] [REFERRED TO]
ADITI SHALIN MEHTA VS. STATE OF GUJARAT [LAWS(GJH)-2016-4-120] [REFERRED TO]
MEHSANA DISTRICT MILK PRODUCERS UNION LTD VS. REGISTRAR COOPERATIVE SOCIETIES [LAWS(GJH)-2018-5-40] [REFERRED TO]


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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