Avinash Azad
Early Times Report
jammu, Feb 16: In major break-through, the J&K Special Tribunal has reprimanded Registrar Cooperative Societies (RCS) for appointing chairman Sainik Cooperative House Building Society (SCHBS) ignoring the rules, and termed the decision rendered by the Registrar as erroneous.
Going through the plea filed by petitioner, Brig (Retd) SS Sambyal Chairman, Managing Committee, SCHBS, Sainik Colony, on Tuesday the double Bench of J&K Special Tribunal, Jammu reprimanded the Registrar Cooperative Societies for not obeying laid down rules, while appointing 'another' chairman of the society.
"In the instant case out of the total seven members four have voted against the petitioner (Brig SS Sambyal), while three members voted in his favour. Which mean two third (2/3rd) majority of seven members committee is equal to 4.66. Fraction of .66 being more than half is rounded of the whole. Thus the number fall short by one the resolution therefore fails", 71 pages judgment of the tribunal read.
It further indicted the registrar cooperative society willfully tried to remove the chairman elected lawfully. "The registrar is therefore shown to have wrongly held that the petitioner has lost the majority as chairman of the society and the decision rendered by him is therefore erroneous and not sustainable in eyes of law", the special tribunal judged.
The instant appeal was filled by petitioner on November 2, 2015 vide file number STJ/349/2015. It is pertinent to mention here that the society was constituted in 1970, to establish a residential colony for defence personnel, but due to corruption and under patronage of J&K Cooperative Societies, non deserving have also plots in the locality. |
