Tribunal to be headed by member of judiciary,rules HC

The Delhi High Court on Friday directed the government to reconstitute the Delhi Co-operative Tribunal - a forum to hear complaints related to group housing societies “as per law” — with a retired judge as chairman.

Written by Express News Service | New Delhi | Published: February 28, 2009 12:21 am

The Delhi High Court on Friday directed the government to reconstitute the Delhi Co-operative Tribunal – a forum to hear complaints related to group housing societies “as per law” — with a retired judge as chairman.

Setting aside a May 26,2006 notification from the Lieutenant Governor’s Office,a Bench led by Justice Vikramajit Sen agreed that the present Tribunal’s constitution,headed by a retired bureaucrat,is in violation of the Delhi Co-operative Societies (DCS) Act. “We have no hesitation in setting aside the notification dated May 26,2006,as it is not sustainable. We direct the government to constitute a proper tribunal as per the law,” said the Bench. “The Chairman of the Tribunal has to perform quasi-judicial functions,he should be a member of the judiciary,preferably a retired District Judge,” the Bench said while hearing a the petition of advocate Rajeshwar Gupta alleging that the notification is in violation of the DCS Act.

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