The court affirmed that society governing bodies can allocate memberships based on their rules, provided actions adhere to outlined eligibility criteria and transparency principles.

JUDGMENT :

Sureshwar Thakur, J.

Through the instant writ petition, the petitioner seeks the quashing of the decision dated 14.9.2021 (Annexure P-20), taken in the meeting, wherebys respondent No. 2 allocated the membership of Super Deluxe category flat to respondent No. 3 who is the Managing Director of respondent No. 2, on preferential basis. Furthermore, the petitioner also seeks the quashing of the impugned letter dated 15.5.2023 (Annexure P-27), wherebys the membership of Super Deluxe category flat became allocated to respondent No. 4. In addition, the petitioner also seeks the quashing of the decision dated 25.7.2023 (Annexure P-32) taken by respondent No. 2 in its meeting, thereby regularizing the purported illegal allocation of membership of Super Deluxe category flat to respondent No. 4.

Brief facts of the case

2. It is averred in the instant petition that vide letter dated 9.2.2005 (Annexure P-2), respondent No. 2-HUDA, Urban Estate and Town and Country Planning, Scheme-II, Faridabad, Employees Welfare Organization (for short HEWO'), decided to enroll new members for the second scheme at Sector 21-C, Faridabad, from amongst the employees of HUDA, Urban Estate Department and Town and Country Planning Department. It is averred that on 19.2.2005, when Yashendra Singh (petitioner in CWP-20458-2021) applied for the membership of Deluxe category flat, he was serving as Estate Officer, HUDA, Bhiwani. After the said Yashendra Singh being found eligible for the membership of deluxe category flat, on 6.4.2005, therebys the respondent concerned sought his consent for the allotment of the said category of flat. Yashendra Singh gave his consent vide letter dated 12.4.2005 and on 18.6.2005, he was allotted flat No. B-11203 of deluxe category. When the said Yashendra Singh became posted as Administrator, HUDA, Faridabad, he became ex-officio member of the governing body of the respondent-HEWO, and, therefore he made an application for upgrading his category from deluxe to super deluxe category flat based on his present pay structure. In the meeting of the governing body of the respondent-HEWO, held on 10.1.2018, whereins, the said Yashendra Singh participated as a member of the said governing body, it was decided thereins that since his membership is eligible for upgradation from deluxe to super deluxe category, based on his present pay structure, therefore, his membership be upgraded on availability of super deluxe category flat during re-planning.

3. It is further averred thereins, that the governing body in its meeting held on 16.10.2020 and on 22.10.2020, decided to invite applications for different categories of flats against cancelled membership. Amongst other categories of flats, it was decided to float two memberships qua super deluxe categories of flats. In the previous eligibility conditions, the condition of six months period on deputation was not made applicable to the members of governing body, however, the said preferential treatment was withdrawn under the revised eligibility conditions. Furthermore, in the previous eligibility conditions, the employees, who had earlier served for a period of more than six months, were not held eligible but they were made eligible under the revised eligibility conditions.

4. Furthermore, it is averred that in the meeting of the governing body convened on 21.1.2021, it was decided that the membership of one deluxe category be allotted to a member of the governing body. Moreover, in the said meeting it was also decided that since the applications of six officers, who are governing body members, were pending for allocation of membership but no decision was take