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