1

To

The Assistant Registrar (Sec.7/L-O)

Office of the Registrar Co-op. Societies
Govt. of NCT of Delhi, Old Court Building
Parliament Street, New Delhi-110001.

Ref: Sudarshan Coop. G.H. Society Ltd.

I.P. Extension, Delhi-110092.

Sub: Illegalities in respect of Annual General Body Meeting

held on 31.10.2021.

Sir,

This is with reference to your communication vide letter

dated______________requesting the undersigned to submit the parawise
reply on parawise comments dated 12.09.2022 submitted by the President
and Hony. Secretary of the Society on behalf of the Managing Committee on
th representation dated 16.03.2022 filed by Sh. Ramesh Gupta along with 24
Members out of 97 of members i.e., 1/4 members of the Society.

The parawise comments filed by the President and Secretary are

vague, after thought, and against the provisions of Delhi Coop. Societies Act
& Rules. The President and Secretary, on behalf of the Managing
Committee, had clearly admitted that they had violated Sec.31 of the Act and
Rule 52 but not accepted the violation on illogical grounds without
supporting documents. It is very clear from the comments that some of the
comments filed are with biased attitude and had no relevance with the
representation.

The brief facts of the case / representation are as under:

Signatories

1) That the undersigned along with 24 out of 97 members, including two

Managing Committee members namely Dr. Anish Rai (Flat No.35)
 2

and Mrs. Manjula Gupta (Flat No.45) filed a representation on

30.07.2022 with the Registrar, Coop. Societies, Govt. of NCT of Delhi
regarding violation committed u/s 31 of the Delhi Cooperative
Societies Act, 2003 by the Managing Committee.

8. Rule 52 of the Delhi Coop. Societies Rules 2007 in holding

the Annual General Body meeting held on 31.10.2021 with a copy
endorsed to Sh. V. B. Sharma, President of the Society.

(2) The Assistant Registrar (Sec.7/L-O) vide his letter

F.No.47/81/East/GH/Coop./2021/449-450 dated 06.09.2022 directed
the President / Secretary of the Society to submit that detailed
parawise comments on above representation / complaint dt.
16.03.2022 within 07 days positively, failing which the suitable action
will be initiated as per DCS Act, 2003 and DCS Rules, 2007.

(3) The ARCS, Govt. of NCT of Delhi vide his communication

dt._________________ forwarded a copy of the reply dt. 12.9.2022
filed by the society with RCS Office on 13.09.2022 vide Diary
No.49534 requesting the undersigned to reply on the same within __
days to the office.

Para No.1 Sec.31 of the DCS Act 2007, Rule 52 and Rule 60(4)
of the DCS Rules 2007 quoted.

Para 2 “The society pleaded that due to Covid-19 pandemic and

aftermath restrictions many societies could not conduct AGB and
Election during the prescribed time. Even Central Govt. issued a
circular to all Registrar Coop. Societies to extend the period of
holding AGBM till 31.12.2021 whereas our society held the AGBM
just after 9 days that too because 27.10.2021 happened to be
Wednesday and AGBMs are generally held on Sunday and was held
on 31.10.2021.”

The above ground taken by the society is baseless, vague and

deceived the innocent members of the society as the society had not
been working after the affairs of the society as per DCS Act & Rules.
 3

The Managing Committee Election of the society were declared for

May 2021 but due to Covid-19 lockdown, the Election of the society
were postponed to 5.9.2021 as the Govt. of NCT of Delhi notified the
relaxation in Covid-19 lockdown and Elections were held on
05.09.2021.

The present Managing Committee was elected on 05.09.2021

and taken over the charge from the previous Managing Committee.

The Managing Committee of the Society issued Agenda Notice

dated 02.10.2021 despatched on 06.10.2021 and held the AGBM on
31.10.2021 which is beyond 4 days whereas AGBM is mandatorily
required to be called on or before 27th October, every year.

The Managing Committee of the Society had taken a plea that

th
27 happened to be Wednesday therefore AGBM was called on
31.10.2021 just after 2 days. It is categorically emphasized that the
Agenda Notice was issued by the Managing Committee well before
time as prescribed under Act and Rules on 6.10.2021 and the AGBM
could have been called on Sunday 24.10.2021 which was well within
the prescribed period of 180 days from the first day of May every year
but none of the Managing Committee members hardly had any
knowledge of Delhi Coop. Societies Act and Rules & conducting the
society’s activities / MC meetings by their own system which suits
them.

The Managing Committee had also taken a stand that even

Central Govt. issued a circular to all the Registrar Coop. Societies to
extend the period of holding AGBM till 31.12.2021. In this regard it
is made clear that the Registrar Coop. Societies, Govt. of NCT of
Delhi had never issued any circular / order for societies registered with
the Department to extend the period of holding AGBM for the year
ending 31st March 2021 or to conduct the election of the society.

In case, the period had been extended by Central Govt. till

31.12.2021, the society should have called the meeting on 31.12.2021,
 4

then why the Managing Committee of the Society held AGBM just
after 4 days ahead of 27.10.2021.

From the above it is clear that the Managing Committee of the

Society had conducted the Election of the society on 5.9.2021 and
called AGBM on 31.03.2021, there was no adverse effect of Covid-19
pandemic and plea taken by the MC is without any reasonable ground
and is vague. The Govt. of NCT of Delhi had declared partial
lockdown in the end of Dec. 2021.

In view of above, the Managing Committee of the society had

clear-cut violated Sec.31 of Delhi Coop. Societies Act 2003 on merit
and have to face the consequences of the violation as provided under
the DCS Act 2003 and DCS Rules 2007.

dd