| HC imposes fine of Rs 50,000 on Sainik Colony Society, dismisses its petitions | | | Bharat Bhushan
Jammu, Oct 9: The High Court has imposed a fine of Rs 50,000 on the Sainik Cooperative House Building Society Ltd, which has developed the posh Sainik Colony locality on the city outskirts, while dismissing the petitions filed by it, and directed that the money be deposited in the advocate's welfare fund.
"The society's petitions, being meritless, are dismissed along with the connected CMAs (civil miscellaneous applications)," Justice Muzaffar Hussain Attar said, while delivering the judgement in the case.
"The petitioners are saddled with costs of Rs 50,000 and the same shall be deposited in the advocate's welfare fund within four weeks from today," he ordered.
Justice Attar also directed the Registrar of Cooperative Societies, J&K, to take steps for holding elections of the society within a reasonable time.
The petitioners were elected as managing committee members of the society on July 24, 2008, and their three-year term in office expired on July 24, 2011.
The judge said, in terms of sub-section 2 of section 29 of the Act of 1989, the petitioners had ceased to be the management committee members on July 24, 2011.
He observed that under the guise of relief, the petitioners were seeking declaration that the management committee to which they elected on July 24, 2008, and which had ceased to be functional by operation of statute, be declared to be still in existence.
Their effort to seek such a declaration, under the guise of prayer clause of the writ petitioners, had to be rejected in view of the mandate contained in sub-section 2 of the section 29 of the Act of 1989, the judge said.
"As by operation of statute, the petitioners have ceased to be the members of the management committee, it cannot be said that an ex-parte interim order passed by the court would breathe a new life into a non-existing committee," Justice Attar ordered.
The petitioners included Col (retd) KS Padwal, MS Jamwal, Kuldeep Singh, Maj (retd) Harnam Singh, Narinder Singh, Gandhrav Singh, Col (retd) Inder Raj, Lt Col (retd) SS Chib, Daulat Ram, Suraj Bhan Choudhary and Lt Col (retd) CD Manotra. |
|
