IMPORTANT POINT
The central legal point established is that the residency requirement for membership of a cooperative society under the Delhi Cooperative Societies Act, 1972 and the 1973 Rules did not mandate residence in Delhi in the relevant year of 1986.

JUDGMENT

Manmohan, A.C.J. (Oral)

CM APPL. 11228/2024 (for exemption)

Allowed, subject to just exceptions.

Accordingly, this application is disposed of.

REVIEW PETITION NO. 70/2024

1. The present review petition has been filed seeking review of the order dated 06th February, 2024, passed by this Court dismissing the writ petition on merits in view of the judgment of a Coordinate Bench of this Court in T.N. Haokip v. Registrar, Co-operative Societies & Ors., 2022 SCC OnLine Del 1360.

2. Learned counsel for the Petitioner-applicant states that the Respondent No.2 failed to produce any documentary proof of her residence in Delhi as required under Section 8 of the Delhi Cooperative Societies Act, 1972 (`Act of 1972') and the Delhi Cooperative Societies Rules, 1973 (`1973 Rules') framed thereunder. He states that Respondent No.2 had applied for membership of Petitioner society on 10th July, 1986 and the same was duly approved by the Petitioner's managing committee on 18th July, 1986. He states that however, the then Registrar of Co-operative Societies (`RCS') vide order dated 14th May, 1990, declined to approve the Respondent No.2's membership as she had failed to provide proof of domicile in Delhi. He states that subsequently, in the order dated 27th March, 2009, passed by the RCS and the order dated 29th August, 2023, passed by the Financial Commissioner, the said authorities had failed to take into consideration the applicable law as it existed in the year 1986 and had erroneously declared Respondent No.2's membership as valid.

2.1. He states that the judgment of a Coordinate Bench of this Court in T.N. Haokip (supra) is inapplicable and distinguishable as in the said judgment, the member therein had applied for membership in the year 2003 i.e., when Section 8 of the Act of 1972, as it existed in the year 1986, was not applicable. He states that therefore, in the facts of the aforesaid judgment, the Court came to the opinion that as on 2003, there was no requirement for the applicant therein to be a resident of NCT of Delhi.

3. We have considered the submission of the learned counsel for the Petitioner-applicant and perused the record.

4. The Petitioner has referred to Section 8 of the Act of 1972 to contend that in the relevant year i.e., in 1986, the requirement for an applicant to be domiciled in Delhi is present. The said contention of the Petitioner is ex- facie untenable as no such condition of domicile is prescribed under Section 8 of the Act of 1972 which reads as under:

"8. Power of the Registrar to decide certain questions.- Where any question arises whether for the purpose of this Act a person resides in the area of operation of a society or not, or whether a society is of same type as another society or of different type, the question shall be decided by the Registrar whose decision shall be final."

5. The Section 8 of the Act of 1972 does not prescribe the conditions to be complied with for approval of membership and the said conditions are set out in the 1973 Rules. The Financial Commissioner in the impugned order dated 29th August, 2023, has referred to Rule 24 of the 1973 Rules as it existed in the year 1986 and rightly concluded that as per the said applicable rule, there was no requirement for the applicant of a cooperative society for being domiciled in Delhi. The Rule 24 of 1973 Rules is relevant and reads as under:

"24. Conditions to be complied with for admission to membership. - No person shall be admitted as a member of a cooperative society unless -

(i) he has applied in writing in the form laid down by the cooperative society or in the form specified by the Registrar, if any, for membership along with a declaration on oath that he is not a member of any other cooperative society having similar objects;

(ii) his application is approved by the committee of the cooperative society in pursuance of the powers conferred on it in that behalf and subject to such resolution as the general body may in pursuance of the power