Sr. No. 111

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

WP(C) No. 2033/2021

CM No. 7510/2021

CM No. 7511/2021

Caveat No. 1855/2021

Sanjeev Kumar Mannotra & Ors.

…. Petitioner/Appellant(s)

Through:-

Mr. M. K. Bhardwaj, Sr. Advocate

with Mr. Gagan Kohli, Advocate

Mr. B. S. Jamwal, Advocate

V/s

Union Territory of J&K & ors.

…..Respondent(s)

Through:-

Mr. K. S. Johal, Sr. Advocate with

Mr. Supreet Singh Johal, Advocate

CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

ORDER

Caveat No. 1855/2021

With the appearance of Mr. Supreet Singh Johal, Advocate, who is

on caveat, caveat stands discharged.

CM No. 7511/2021

For the reason stated in the application coupled with the submission

made at Bar, same is allowed and filing of photocopy for the private

respondents is dispensed with.

This application is disposed of as such.

WP(C) No. 2033/2021 & CM No. 7510/2021

01.

Petitioners seek quashing of the order dated 06.09.2021 passed

by the Special Tribunal, Jammu in this petition.

02.

The Registrar Cooperative Societies J&K vide order No. 02-

RCS/SS of 2021 dated 25.03.2021 made amendments in the Bye-laws of

the Sainik Cooperative House Building Society, Ltd. Jammu.

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WP(C) No. 2033/2021

This amendment was assailed by respondent Nos. 4 to 21 in a

revision before the J&K Special Tribunal, Jammu. The respondent Nos. 4

to 21 were aggrieved of the amendment primarily on the ground that the

same was contrary to the provisions of Jammu & Kashmir Cooperative

Societies Act as well as its Bye laws. In terms of Section 10 of the J&K

Cooperative Societies Act, the Registrar could exercise the powers of

amendment only in accordance with the Act after giving opportunity of

hearing to the Society which was not followed while making the

amendment only after giving an opportunity of being heard to the Society.

03.

The Tribunal vide its order dated 06.09.2021 considered the

revision petition and passed the following orders:-

<Learned counsel for the petitioners is present Mr.

Deepak Gupta, Advocate on behalf of Mr. Bhanu Jasrotia,

Learned Counsel for respondent no. 3 is present. Rest of the

respondent no. 3 seeks time to file objections/ and produce

record. Time sought for is granted. In the meantime, order

dated – 25.03.2021 issued by respondent no. 3 is kept in

abeyance and parties are directed to maintain status quo on

spot till next date of hearing. Put up on 16.09.2021.=

04.

The petitioners are aggrieved by the order dated 06.09.2021 and

have questioned the same on the ground that the Tribunal lacks jurisdiction

in terms of the provisions of J&K Cooperative Societies Act and rules

framed thereunder. Secondly, once the election process has been set in

motion, no judicial authority or quasi judicial authority is competent to

interfere with the election process and the date is 18.10.2021. The process

of election has been initiated by the Registrar and Deputy Commissioner,

Jammu has notified the election schedule. The respondent No. 3 lacks the

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WP(C) No. 2033/2021

jurisdiction to entertain this petition and consequently, the impugned order

is in mala fide exercise of powers and also violative of principles of natural

justice.

05.

Mr. K. S. Johal, learned senior counsel appearing on behalf of the

respondents, submits that this petition is not maintainable as the petitioners

have nowhere stated how they are aggrieved of the impugned order. There

is nothing on record to even show how they are affected by the order of

status quo.

06.

Perusal of the petition reveals that there is not even a whisper

regarding the locus standi of the petitioners to maintain this petition. They

have also failed to show violation or infringement of any of their rights to

be person aggrieved to prefer this petition under Article-22 of the

Constitution of India.

07.

The writ of certio