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2007 Supreme(Del) 1233

MUKUL MUDGAL, ARUNA SURESH
RAJIB MUKHOPADHYAYAS – Appellant
Versus
REGISTRAR COOPERATIVE SOCIETIES – Respondent


Advocates Appeared:
A.SHARAN, AMIT BANSAL, CHARUL SARIN, D.K.RUSTOGI, K.K.RAI, K.KAOMUDI KIRANAND, M.K.Rai, MANISH SINGH, PAYAL, R.K.CHAUDHARY, RAKESH MUNJAL, S.K.PANDEY, Sanjay Kumar Pathak, SARVAGYA SHARMA, Shashank Singh, SHAZIA AMBARIN, Som Dutt Kaushik, Sudhir Nandrajog, Sujata Kashyap, SURUCHI AGARWAL


MUKUL MUDGAL, J.

( 1 ) THESE group of writ petitions challenge the vires of Rule 24 (2) of the delhi Cooperative Societies Rules, 1973 (hereinafter referred to as DCS rules) as amended on 6th August, 1997 and 1st April, 2005. The Rule as amended and standing at present reads as follows:-

"24 (2 ). In case of vacancy in a housing society including group housing society where layout and building plans have been approved by the competent authority, the same shall be filled by the committee by notifying it in leading daily newspaper of Delhi in Hindi and English. In case the number of applications are more than the notified vacancies the membership shall be finalised through draw of lot in the presence of authorized representative of the Registrar. "

The above rule was further amended on 1st April, 2005, which reads as follows:-

"24 (2 ). In case of vacancy in a housing society including group housing society the same shall be filled by the committee by notifying it in leading daily newspaper of Delhi in Hindi and English. In case the number of applications are more than the notified vacancies the membership shall be finalized through draw of lot in the presence of authorized represen-












































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