Sunday, July 13, 2008

Election Process: MC Again at Unfair Play

As per the undertaking No RCS/137/03/686-690 dated 01 May 2008 produced before the honorable bench of the Delhi High Court on 12 May 2008, by the Registrar Coop Societies, Govt of NCT, in the writ petition ( C ) No 9406/2007 filed by the members of the Society against the Managing Committee of DIN CGHS Ltd, Plot No-7, Sector-4, Dwarka, New Delhi, the election of the above Society has to be conducted within three months from the date of the order i.e. upto 31 Jul 2008. It has also been indicated in the aforesaid order that the Society has agreed to the election.

The Hon’ble bench of the High Court has set aside, in totality, the order passed by Shri Ashish Kumar Aggarwal, Civil Judge of Tis Hazari Courts staying the election of the Society and asking the Registrar to decide the issue concerning regularization of membership of sixteen members who were enrolled after the draw of lots on 04 Oct 1998.

In view of the above, the Registrar has been requested that the election of DIN CGHS Ltd be conducted within the specified period and strictly in compliance of the order of the Hon’ble High Court. It is vital that unauthorized persons in the setup of present MC must no more be allowed to meddle in the Society affairs, including the election process to ensure fair and transparent elections within the time stipulated in the High Court order.

However, as expected, the MC is again trying to delay elections by resorting to unscrupulous methods. On 6th Jul 2008, Shri YS Mathur, Secretary of the Society wrote a letter to the Registrar and placed the same at the Notice Boards of the Society to say that the he was unable to trace Shri Ashok Kumar Naved, the Returning Officer appointed by the Registrar Cooperative Societies and as such he could not be contacted to finalise the further process of election. The members of the Society took the initiative to locate Shri Ashok Kumar Naved and furnished the information to the President of the Society as well as the Registrar.

Suspecting foul play by the MC in deciding eligibility of members who can participate in the election process, the MC was requested to furnish a list of the members whose membership stands approved by the Registrar Coop Societies. After procrastinating for over three weeks, the MC has furnished a list that includes people debarred by the Registrar vide his letter No F.47(852)/GH/SW/Coop/3219 Dated 25 Oct 2006. It also includes names of members who have sold their flats and have resigned from the membership long ago as also those who do not hold any flats in the Society and have died quite some while back. The irony of the situation becomes even more glaring as the MC has deliberately excluded names of members who purchased free hold flats and have all along been paying their dues in time. Major observations on the List of Members published by the MC are as under:-

1. Against the name of Shri Subhash Bhargava (Now Deceased) at ser 51, it has been indicated "No Flat". Shri Bhargava, as per the draw of lots held on 04 Oct 1998, was allotted Flat No 57. This Flat mysteriously stands in the name of Smt Suman Nalwa mentioned at ser 125 against membership No 496 in the List. The confusion merits scrutiny and deserves to be probed for financial bungling at an appropriate level.
2. As per the Footnote of the list of flats sold upto 30 Jun 2008, against the purchaser of Flat No 49 i.e. Shri VS Nagar it is mentioned that the RCS’s advice is awaited for regularization of his membership. This is a blatant discrimination against Shri VS Nagar, a senior citizen, as in similar cases the Society MC has not sought any such an advice. Shri VS Nagar resolutely refused to meet the MC’s illegal demands and has been subjected to constant harassment ever since he purchased the flat and moved in post-retirement in 2004. This is a case of sheer abuse of power and authority on part of the MC. As such exclusion of his name from the List amounts to a breach of trust.
3. In the same List, the name of Dr Vinod Ramteke figures at ser 12 with Flat No 107, but is missing in the Footnote of List of flats sold. The discrepancy needs suitable explanation.
4. The names of 17 persons debarred by the Office of the Registrar Coop Societies vide letter No F.47(852)/GH/SW/Coop/3219 dated 25 Oct 2006 have been included in the List. Shri YS Mathur, the Secretary of the Society, is amongst these 17 persons.


The incomplete and inaccurate List of members furnished by the MC is being published separately.

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