SANJAY KISHAN KAUL - (1.) RULE D.B.
(2.) LEARNED counsels for the respondents accept notice. At request of learned counsel for the parties, the petition is taken up for final disposal at this stage. Late Shri Surender Khanna became a member of respondent No. 2 society and a share certificate was issued to him on 30.08.1995. He nominated the petitioner, his daughter-in-law, as the nominee on 15.07.1995. Late Shri Surender Khanna passed away on 29.04.1999.
(3.) THE petitioner applied for transfer of membership in her name on 24.10.1999 and respondent No. 2 society processed the case of the petitioner and issued a fresh share certificate in the name of the petitioner on 20.10.2002. THE name of the petitioner was forwarded by the society to the Registrar, Co-operative Societies (for short, RCS?) with all the requisite documents as in the case of other members. It is stated that it is only in the year 2010 that a query was raised by the RCS qua the membership of the petitioner on the ground that she was not the first blood relation of the deceased as she was the daughter-in-law. The society vide its letter dated 05.07.2010 explained the position to the RCS that Rule 35 of the Delhi Co-operative Societies Rules, 1973 (for short, the said Rules?) framed under the Delhi Co-operative Societies Act, 1972 (for short, the said Act?) was applicable in the case of the petitioner and as per this Rule there is no such restriction of first blood relation in a nomination to be made by a member provided for under the said Rules.;