Court pulls up Cooperative tribunal for disobeying order

New Delhi, Apr 9 (UNI) The Delhi High Court has pulled up the Delhi Cooperative Tribunal for allowing a cooperative group housing society in south-west Delhi for disobeying a judicial order postponing election to its managing committee.

A Division Bench headed by Justice Mukul Mudgal said, ''We make it clear that the Tribunal is functioning under the jurisdiction of this court and does not have the power to interfere with a mandamus issued by this court.'' ''Such orders indeed border on contempt of an order of this court. In the present case we are recording our extreme displeasure at the course of conduct adopted by the tribunal and are of the view that such disregard for the mandate of this court deserves to be censured.'' While quashing and setting aside the order of the tribunal, the court directed the Registrar Cooperative Societies(RCS) to make arrangements for conducting the election to the managing committee of New Jai Bharat Cooperative Group Housing Society in Dwarka by June 3.

Acting on the petition of a member of the Housing Society, the High Court on May 11, 2006, had directed the Registrar Cooperative Societies(RCS) to conduct the election of the society managing committee immediately.

However, ignoring the direction of the court, the Tribunal on November 9, 2006, had postponed the election on the petition of the old managing committee.

No election was held in respect of the managing committee of the society, although, the term of the old committee had already expired, said Counsel Jagdev Singh in the petition.

''The RCS could not shut his eyes to such non-action on the part of the managing committee, as it is his statutory obligation to see that the elections are held regularly and on time,'' said the earlier order.

It is alleged that many of housing societies, including New Jai Bharat, are captured by builder mafia, not allowing the residents to elect their own managing committee.

This order would pave the way to free such societies from the clutches of builder mafia, said Mr Singh.

UNI