1. By way of present petition under Article 226 of the Constitution of India, petitioner has prayed for a writ of certiorari quashing the impugned order dated 15.05.2008 passed by the Financial Commissioner, Delhi upholding the order dated 05.07.2001 passed by respondent no. 1 ceasing the membership of petitioner with respondent no. 2. Petitioner has also challenged order dated 17.08.2007 passed by the Financial Commissioner, Delhi thereby dismissing the review application seeking review of order dated 15.05.2008.

2. Briefly the facts necessary for the disposal of present petition are as under:-

Petitioner was enrolled as a member of the respondent no. 2/Society vide decision of its Managing Committee dated 25.10.1990. As per petitioner, he had paid the share money and membership fee and other dues of respondent no. 2/Society up to 01.11.1990. Subsequently, there was a change in the Managing Committee and a new Managing Committee took over. It is alleged that the said Committee from the inception of its take over started harassing the petitioner by giving threats of cancelling his membership by raising alleged illegal demand on him vide letter dated 14.12.1994. Petitioner requested for withdrawal of said demand. On its failure to do so, petitioner had to initiate litigation against respondent no. 2 before respondent no. 1 as well as before this court for striking down of the alleged illegal demands, the details of which are given in the petition. The same is not relevant for disposal of present petition and, as such, is not discussed herein. It is alleged that as the respondent no. 2/Society was adamant to remove the petitioner from its membership, on 15.12.2000, on the basis of a frivolous complaint against the petitioner a show cause notice was issued to the petitioner alleging therein that the wife of the petitioner owned a property bearing house no. 8315, Multani Dhanda, Paharganj, New Delhi. It was further alleged that the owning of the said property by his wife was a disqualification under Rule 25 (1)(c) of Delhi Co-operative Societies Rules, 1973 (hereinafter referred to as “the Rules”). Petitioner was called upon to show cause as to why his membership with respondent no. 2 be not ceased and was called upon to give his reply within 15 days of the receipt of the said notice.

3. Petitioner replied to the said notice stating therein that he did not incur any disqualification as was alleged. Petitioner also stated that the property in question was purchased from one Sh. Lajpat Rai by his wife Smt. Rekha Gupta. His wife is an Income Tax payee and had purchased the said property from her own funds in her own name. Petitioner also stated that the said property is commercial and of small size and, as such, disqualification given in Rule 25 of “the Rules” was not attracted. Necessary documents were also annexed with the reply to the said show cause notice and respondent no. 1 was requested to withdraw the same. The respondent no. 1 vide order dated 05.07.2001 did not consider the evidence produced by the petitioner and illegally ceased the membership of the petitioner vide impugned order dated 05.07.2001. Aggrieved with the aforesaid order, the petitioner filed a revision petition under Section 80 of the Delhi Co-operative Societies Act, 1972 before the Financial Commissioner, Delhi on 23.08.2001. As the Presiding Officer was not posted by then, the petitioner had to file a writ petition before this court bearing C.W.P. No. 5251/2001 for protection of his rights. On 30.08.2001, this court passed an order reserving one flat for the petitioner for the category opted by him. Thereafter, on assumption of charge by the Financial Commissioner, this court directed the parties to appear before the Financial Commissioner on 27.11.2001 and till then, the interim order was ordered to be continued. During the pendency of the appeal before the Financial Commissioner, one flat remained reserved for the petitioner. During argumen