MUKUL MUDGAL, ARUNA SURESH
RAJIB MUKHOPADHYAYA – Appellant
Versus
REGISTRAR COOPERATIVE SOCIETIES – Respondent
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 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 draw of lot in the presence of authorized representative of the Reg
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