ALOK SINGH, J. - (1.) UNDISPUTEDLY , respondent No.3 was expelled from the membership of the society on 11.12.2005 vide proceedings (Annexure P/8) on the ground that respondent No.3 had failed to deposit remaining Rs.3,75,000/- along with interest despite valid notice.
(2.) HAVING acquired knowledge about the cancellation of the membership (expulsion), respondent No.3 preferred an appeal under Section 114 of the Haryana Co-operative Societies Act, 1984, before the Registrar, Co-operative Societies, Haryana, which was allowed vide impugned order dated 30.10.2008, having observed expulsion/cancellation of membership was never got approved from the Registrar, Co-operative Societies as required under bye-laws 9(A) and 9(B) of the petitioner ­ Society. Revision filed by the petitioner was also dismissed by the Financial Commissioner vide order dated 03.02.2010. Undisputedly, earlier son of respondent No.3, namely, Samir Batra, was the member of the Society and respondent No.3 thereafter acquired the membership by transfer of the shares of her son in her favour in the year 2004. As per schedule, the price of the flat was Rs. 14 lacs while respondent No.3 had already paid Rs.15,90,000/- and thereafter, had sent cheque of Rs.3,25,000/- which was received by the petitioner ­ Society on 01.01.2006. Learned counsel for the petitioner has vehemently argued that membership of respondent No.3 was cancelled on two grounds i.e. (i) non-payment of balance amount of Rs.3,75,000/- and (ii) because respondent No.3 had filed false affidavit before the Society that her husband is not having any property in any society while her husband has already been allotted flat by the Army Housing Welfare Organization in Gurgaon.
(3.) I have carefully perused the proceedings (Annexure P/8). From the perusal of Annexure P/8, I find that membership of respondent No.3 was cancelled for non-payment of outstanding amount of Rs.3,75,000/- despite notice. There is no whisper in proceedings (Annexure P/8) that the membership is being cancelled on account of any false affidavit. It seems that in order to justify the cancellation, the petitioner is setting up a new case.;