DAYA CHAUDHARY, J. - (1.)By this judgment of mine, two petitions i.e. CWP No.8482 of 2013 and CWP No.8801 of 2013 shall be disposed of as common question of law and facts are involved in both the petitions. However, the facts are being extracted from CWP No.8801 of 2013.
(2.)The present petition has been filed under Articles 226/227 of Constitution of India for issuance of a writ in the nature of certiorari for quashing of resolution dated 17.03.2013 (Annexure P-5) and also for direction to respondents to conduct the election of the Managing Committee of respondent-Society amongst the members as per approved L-Form available with respondent No.3 by allowing the petitioners to participate in the election process as they have not incurred any disqualification under the Act/Rules/Bye-laws and as no order of removal has been passed.
(3.)Briefly, the facts of the case as made out in the present petition are that The New Haryana Officer's Corporative Group Housing Society Ltd., Panchkula was registered vide registration No.255 dated 19.08.1998. The society applied for 3.5 acres of land in the Group Housing Scheme, 1998 for construction of 142 dwelling units. Accordingly, a plot No. G-20, measuring 14162 square meters was allotted by Haryana Urban Development Authority (here-in-after called as 'HUDA') vide letter dated 08.12.1999 in Sector 27, Panchkula. Due to severe earthquake, there was a big crack in the land near Nada Sahib and most of the members decided to withdraw their membership. A request was made by the Society to HUDA to allow them to construct 80 flats on the entire land measuring 14162 square meters, but the request was declined vide letter dated 16.05.2001. The term of the Managing Committee was upto 23.02.2005. After expiry of term of the Managing Committee, new members were enrolled in place of old members as Secretary and President of the Society were authorized to enroll new members as per decision taken in the general house meeting. The strength of the members of the Society was 142. A request was made by the Society for allotment of two acres land for construction of flats for remaining members under the Group Housing Scheme, 2001. An amount of 23,32,800/- was deposited which was 10% of the estimated cost of the land. Earlier allotted plot to the Society in Sector 27 was surrendered prior to allotment of the land i.e. plot No.1, Sector 6 in Mansa Devi Complex measuring 8000 square meters. Because of interim order by this Court, the first, second and third installments of the plot could not be deposited as some of the members withdrew their membership and demanded back their deposited amount. Under aforesaid circumstances, the then Secretary and President enrolled new members but on visiting office of respondent No.3 for submission of revised L-Form, it came to their knowledge that the Society of the petitioners was not in existence as it was already declared defunct along with other 500 societies. An application was made by the office bearers of the Society to the Assistant Registrar, Cooperative Societies (respondent No.3) stating that their Society was never defunct as four installments were deposited with HUDA on 31.08.1998, 23.05.1999, 24.05.1999 and 10.01.2001 towards cost of the plot as demanded.