Society rejoicing at glaring mistakes in the Award by arbitrator Sh U.R.KAPOOR

1) Schedule II of Delhi Cooperative Societies Rules 2007 lays down:

i) The committee shall meet at least 60 days in advance of its expiry of term and determine the time for convening a GENERAL BODY MEETING FOR CONDUCT OF ELECTIONS OF THE NEXT MANAGING COMMITTEE.

Last election in society was on 06.12.2006 and MC met on 20.09.2009 and decided to hold election on 15.11.2009

Whereas A.G.M was held on 17.1.2010.

As per the rule stated above the A.G.M should have been held prior to Elections and NOT AFTER THAT. This clearly proves the judgement issued is not as per law

2) Appointment of R.O

It is established law,” Justice should not only be done in any matter BUT it should also APPEAR to have been done “. In case wife of any Returning office is contesting the elections , the R.O cannot APPEAR to have done justice to the election process.

3) Defaulter list displayed at notice board and due notice sent to defaulting members

The arbitrator has accepted that list was displayed 30 days before the election date without even seeing the defaulters list which is WITHOUT any dispatch number in the dispatch register of society office. Thus the pasting of Defaulter list on notice board cannot be taken on records.

The arbitrator has stated that there is NO PROVISION OF INFORMING DEAFAULTERS INDIVIDUALLY FOR ELECTION PURPOSES. In this regard Section 25 of DCS ACT 2003 has stated that defaulter member shall be who has NOT paid annual subscription as provided in the bye-laws of the society. The arbitrator has completely ignored that the annual subscription for security has not been included in the bye-laws of the society. Thus society is NOT LEGALLY EMPOWERED to take the security charges. However in good gesture people should contribute towards security charges.

The arbitrator has also NOT bothered to read that section 25 states that “ DUE NOTICE FOR PAYMENTS SHALL BE SERVED ON THE DEFAULTING MEMBER” . It has NO relation with the conduct of elections.

The Defaulters has to be informed at the moment he/she is declared DEFAULTER.

76 DEFAULTER LIST from LOK SEWAK SOCIETY

On page 21 & 22 of the reply filed by society in the Registrar’s office.

1. Society stated” Following members are not eligible to cast their vote in election to be held on 15.11.2009
2. There is NO serial number given against the member and as such people cannot see the glaring act of debarring 76 members out of 126 members
3. There is NO mention of pending dues and the nature of the dues whether it is annual subscription of security OR lease money
4. There is NO date mention by which member can pay
5. Signature of President are on the right side of page 22 while the name has been printed on the left side. This goes on to prove that signatures have been obtained afterwards
6. On bottom of list the date was given as 23.09.2009

On page 23 & 24 of the reply filed by society in the Registrar’s office

1. It is same list like page 21&22 BUT only 3 members paid the dues
2. It is NOT explained why the payment of 3 member was accepted when on the list at page 21 it was clearly stated that members are NOT eligible to cast their vote
3. On bottom of list on page 24, there is NO mention of dates. As such again authenticity of this list is doubtful because in the previous notice on page 22, the date was given as 23.09.2009 as pointed above

From above we can see the competence, inclination and behavior of Managing committee of LOK SEWAK Society in Geetanjali Enclave to deal with members. Then they claim that we are a close knit colony so these kind of issue should not arise.

They must be repenting now that why did they defaulted the members in the first place ?