RAMESHWAR SINGH MALIK,J. - (1.) Instant writ petition is directed against the order dated 18.05.2011 (Annexure P -23) passed by the Financial Commissioner and Principal Secretary to Govt. of Haryana, Cooperation Department, whereby the revision petition filed by the petitioner -Society was dismissed and the order dated 21.12.2006 (Annexure P -21) passed by Registrar, Cooperative Societies, Haryana was upheld, holding respondent No.3 eligible to be a member of the petitioner - Society.
(2.) Briefly put, facts necessary for disposal of the present writ petition are that respondent No.3 submitted an application to the petitioner -Society in January, 2003 for his enrollment as member of the petitioner -Society. The Society vide letter dated 03.07.2003 (Annexure P -1) asked respondent No.3 to supply the requisite documents about his eligibility for becoming member of the petitioner -Society, but when respondent No.3 did not supply the requisite documents in response to communication dated 03.07.2003 (Annexure P -1), petitioner -Society wrote another letter dated 29.10.2003 (Annexure P -2). Respondent No.3 vide his letter dated 06.11.2003 (Annexure P -3) supplied the documents along with his affidavit. However, a combined reading of Annexures P -3 and affidavit of respondent No.3, would show that he did not establish his eligibility for membership of the petitioner -Society. It is pertinent to note here that vide communication dated 17.11.2003 (Annexure P -5), Manager of the petitioner -Society informed respondent No.3 that documents sent by him were in order but he did not refer to the eligibility of respondent No.3 for becoming member of the petitioner -Society, because of which this communication dated 17.11.2003 (Annexure P -5) would be of no consequence.
(3.) On close scrutiny of the documents supplied by respondent No.3, petitioner -Society found that respondent No.3 was not fulfilling the eligibility criteria for becoming member of the petitioner -Society. Vide communication dated 27.10.2004 (Annexure P -6), respondent No.3 was asked to show his eligibility for membership of the petitioner -Society. This letter dated 27.10.2004 (Annexure P -6) was replied by respondent No.3 vide his letter dated 31.10.2004 (Annexure P -7). Matter remained pending consideration before the petitioner - Society regarding the eligibility of respondent No.3 for becoming member of the petitioner -Society. Both the parties have been corresponding with each other, which is clear from different communications contained in Annexure P -8 to Annexure P -13.;