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Showing contexts for: dchfc in Rajeshwar Kumar Gupta vs Lt. Governor And Ors. on 16 December, 2006Matching Fragments
1. The petitioner, who appears in person, claims to be a member of Maharshi Dayanad Co-operative Group Housing Society Ltd. He has filed this petition primarily challenging the agenda notice dated 16.11.2006 issued by the Returning Officer appointed in respect of the Delhi Co-operative Housing Finance Corporation Ltd (for short `the DCHFC?), by claiming that the entire election programme for the three seats on the Board of Directors of the DCHFC i.e. respondent no.5 stands vitiated. He also seeks a direction that a fresh election programme should be chalked out in accordance with the Delhi Co- operative Societies Act, 2003, Delhi Co-operative Societies Rules, 1973 and the Registered Byelaws of the DCHFC to elect three Directors on the Board of Directors of DCHFC.
2. DCHFC is an apex body constituted for the purpose of granting finance to housing co-operative societies in Delhi. Various housing co- operative societies in Delhi are members of the DCHFC. According to the petitioner there are 1289 members in DCHFC. The petitioner states that the byelaws of DCHFC were amended whereby byelaw no.42(a)(i) was added to the existing byelaws. The result of this amendment was that three seats on the Board of Directors of DCHFC were reserved for the following categories:
5. The Returning Officer issued a notice dated 16.11.2006 to the member housing co-operative societies informing them that the general body meeting of members of DCHFC will be held on 17.12.2006 for the election of three members as per the Delhi Co-operative Societies Act. He called upon the Managing Committees of the member Co-operative Group Housing Societies/Co- operative House Building Societies of DCHFC to nominate one representative on the general body of DCHFC in accordance with the established rules and procedure and to send an attested copy of the resolution nominating one representative of the society to participate in the general body of DCHFC. A specimen copy of the instrument of nomination was attached to this notice. A declaration was also required to be made by the Secretary/President of the Society in the prescribed form. In the end it was stated ?the above information/documents should be submitted by authorized representative of the society by 30th November, 2006.?
9. The grievance of the petitioner is that out of 1289 housing co- operative societies, who were members of DCHFC, only about 29 had nominated their representative to participate in the general body of DCHFC by 30.11.2006. His first submission is that in these circumstances, the elections should not be allowed to proceed. The petitioner further submits that according to Rule 53(1), (2) and (3), the quorum of the general meeting is 1/3rd of the total number of members subsisting. Since there are 1289 members, the quorum in respect of DCHFC would be about 430 members. However, since only about 29 members have nominated their representatives on the general body for the meeting to be held on 17.12.2006, this quorum can possibly be not achieved. This is another ground for quashing the election process initiated by the Returning Officer.