Asks Delhi govt to reconstitute the body with better infrastructure at its disposal.
In a first,the Delhi High Court on Monday mandated disbanding of the incumbent Delhi Co-operative Tribunal and directed the Delhi government to approach the Lieutenant Governor for issuing necessary orders.
The Tribunal,headed by a retired district judge,decides appeals against the orders of Registrar of Co-operative Societies (RCS) or arbitrators in matters relating to group housing societies in Delhi. These include registration of a society,its election,audit,inspection,dispute resolution,investment of funds,etc.
In what may also result in a re-adjudication of several pending matters,the court favoured a reconstitution of the Tribunal with better infrastructure at its disposal. A bench headed by Justice S K Kaul asked standing counsel for the government Najmi Waziri to proceed in accordance with the relevant procedure and move appropriate applications before the LG in two weeks to dissolve the present body and replace it with a better one.
In view of the observations made by this court on previous occasions and also the audit conducted by the governments standing counsel,we deem it appropriate to ask the government to approach the LG in keeping with the provisions of the Delhi Co-operative Society Act and the rules framed therein, said Justice Kaul.
The court asked Waziri to submit a report detailing the progress made by next date of hearing in July. The government has also been asked to ensure an interim arrangement so that the Tribunals functioning is not affected during the overhaul.
On the last date,irate over the Tribunals cut-copy-paste approach in passing judgments,the court had sought a response from the government over the procedures to recall its present members.
It is as good as not having a tribunal when all its orders are either set aside or remanded back. It is clearly unable to discharge its functions. We may have to pass orders for reconstituting the Tribunal, the bench had told Waziri.
The parties are asked to submit soft copies of their arguments,which are then entered into the computer. Subsequently,a final order is passed by the Tribunal wherein the pleadings by the parties are simply reproduced by copying and pasting them and a conclusion of merely a few lines are typed out with minimal modification, it had said.
When informed about the shortage of stenographers,the court had said: Despite the inadequacies,the Tribunal cannot conduct judicial proceedings in such a cavalier manner. The bench said the Tribunal,instead of reducing such proceedings into a mere ritual, should have highlighted its difficulties to the authorities concerned or the Chief Justice of this court.
Waziri,who vetted 87 judgments passed by it in the last six months,also opined that the orders were bereft of judicial reasoning and contended this could leave a sense of disquiet or injustice among petitioners and they will tend to move an higher forum.