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2024 Supreme(Del) 967

IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMOHAN, MANMEET PRITAM SINGH ARORA
G.Hemant – Appellant
Versus
Registrar Cooperative Societies – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ashwani Kumar Dhatwalia, Ms.Iti Sharma and Mr. Puneet Sharma
For the Respondent: Ms. Harshita Nathrani, Adv for Mr. Sameer Vashisht, ASC(C) GNCTD, Ms. Mrinalini Sen Gupta, Standing Counsel

Judgement Key Points

Key Points: - Rule 25 bars individuals who themselves or through dependents possess a residential plot in NCT of Delhi (!) (!) . - "Dependent children" includes financially dependent adult children, aligning with the legislative intent to prevent multiple family allotments (!) (!) . - Financial dependency of the Petitioner and his brother on their mother, who held an allotted plot, led to disqualification (!) (!) . - The Court rejected the plea of violation of Article 14, holding that negative equality claims lack merit when eligibility criteria are lawfully applied (!) . - The Memorandum issued by the RCS was struck down as inconsistent with the object of the DCS Act and Rule 25 (!) (!) . - The petition was dismissed, upholding the disqualification orders of the RCS and the Financial Commissioner (!) .

What are the grounds for disqualification from cooperative society membership under Rule 25 of the Delhi Cooperative Societies Rules, 1973?

Does financial dependency of adult children on parents qualify as a basis for disqualification under Rule 25?

Whether a claim based on negative equality under Article 14 can be entertained in a challenge to such disqualification?


Table of Content
1. petitioner challenges eligibility for membership. (Para 1 , 2)
2. petitioner's arguments against disqualification. (Para 5)
3. court's acknowledgment of factual findings. (Para 6 , 7)
4. interpretation of rule 25 of dcs rules, 1973. (Para 8 , 9 , 10 , 11)
5. reinforcement of rule 25's purpose. (Para 12 , 13)
6. discussion on legal distinctions regarding dependents. (Para 14 , 15 , 16)
7. rejection of discrimination argument and maintaining findings. (Para 18 , 19)
8. conclusion: petition disposed of. (Para 20)

JUDGMENT :

MANMOHAN, ACJ.

1. Present writ petition has been filed challenging the impugned order dated 19th March, 2012, passed by the Respondent No.1 – Registrar of Co- operative Societies (‘RCS’) in F. No. F46/1411/HB/WEST/422-424, holding that the Petitioner herein was not eligible to be enrolled as a member in Respondent No. 2 – Mianwali District Cooperative House Building Society Ltd. (‘Society’) and consequently, dismissed his claim for allotment of a plot, ad-measuring 400 sq. yds.

1.1. Petitioner has also impugned the order dated 15th December, 2023, passed by the Financial Commissioner in a revision petition bearing Case No. 251/2012, upholding the Respondent

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