The main legal point established in the judgment is the interpretation and application of Rule 20(1)(c)(i) of the Delhi Cooperative Societies Rules, 2007, in determining the disqualification of a member from a cooperative society.

JUDGMENT

Anoop Kumar Mendiratta, J.

1. A Writ Petition under Article 226 and 227 of the Constitution of India has been preferred by the petitioner for setting aside order dated 28.04.2022 passed by the Financial Commissioner (FC) Delhi in Revision Petition No.57/2014 titled Alok Jain Vs. Registrar, Cooperative Societies and Ors. whereby the Financial Commissioner set aside the order dated 18.12.2013/26.12.2013 passed by the Registrar, Cooperative Societies, Delhi. Vide the impugned order, the Financial Commissioner held the petitioner herein (Shri R.K. Aggarwal) to be disqualified under Rule 20 of the Delhi Cooperative Society Rules, 2007.

2. In brief, as per the case of the petitioner, he had applied for and had become member of the New Indraprastha Cooperative House Building Society Ltd. (respondent No.2) in the year 1968. Though the petitioner was expelled by the respondent No.2/Society but eventually the same was set aside by the Division Bench of this Court vide judgment dated 29.07.1991 in LPA No.97/1983. The judgment passed by the Division Bench in LPA No.97/1983 was challenged by the Society/respondent No.2 by filing of Special Leave Petition before the Hon'ble Supreme Court of India which was dismissed vide order dated 10.02.1992.

3. It is further the case of the petitioner that Shri V.K. Jain, a waiting list member of the Society/respondent No.2 filed a Writ Petition (CW No.1678/1992) before the High Court of Delhi seeking directions, inter alia, against respondent No.2/Society to give possession to him of Plot No.90 measuring 150 sq. yds. of the Society and to restrain the Society from giving possession of the plot to any other person including the petitioner herein. During the pendency of the said Writ Petition, said Shri V.K. Jain expired on 29.07.1996 and was substituted by his wife Ms. Sneh Lata Jain. The said Writ Petition was dismissed /disposed by the Division Bench of this Court vide order dated 16.08.2010.

4. It may be appropriate to refer at this stage itself that the Division Bench vide aforesaid judgment dated 16.08.2010 noticed that Shri R.K. Aggarwal continued to be a member of the Society and his entitlement would relate back to the year 1968 when he became a member of the Society and would thus rank senior to Shri V.K. Jain. Further, as on said date only one plot of land which has to be allotted is Plot No.90 measuring 150 sq. yds. Further, if a member who expelled, regains the membership through a judicial order the person concerned regains his seniority and the person who is pushed out is not the one who was inducted against the resultant vacancy but the one who is at the bottom of the seniority list. It was further observed that it may have happened that since a single plot was left for allotment inter se Shri V.K. Jain and Shri R.K Aggarwal, the entitlement would be flowing seniority-wise and would go to Shri R.K. Aggarwal. Further, the Division Bench did not opine upon the third contention pertaining to Shri R.K. Aggarwal being otherwise disentitled to be allotted any plot since there were no pleadings to this effect. The issue as regards the same was accordingly not decided and left open, if permissible in law by filing of appropriate petition before the Registrar, Cooperative Societies.

5. Thereafter, Ms. Sneh Lata Jain filed an application under Section 41(1) and Section 87 of the Delhi Cooperative Societies Act, 2003 read with Rule 20, 35 and 100 of the DCS Rules, 2007 seeking cessation of the membership of the petitioner with respondent No.2 Society, claiming to be nominee of Shri V.K. Jain and on the basis of the Will left by the deceased. The disqualification was sought under Rule 20 of DCS Rules, 2007 on the grounds that the petitioner and his sons were the owner of House No.M-109, Block M, Saket, New Delhi; House No.88, Sainik Farms, Khanpur, Delhi and another Flat at N-1, NDSE-I, New Delhi.

6. The said application filed by Ms. Sneh Lata Jain was dismissed by the Registrar, Coope