Judgment:
Devinder Gupta, J.
(1) In this petition under Article 226 of the Constitution of India instituted on 3.8.94, the following prayers were made :
(i) issue a writ of prohibition or any other writ or order restraining the Society from allotting the flats in the housing complex constructed by the Society without valid sanction from the Registrar of Society and the D.D.A. (ii) issue a writ of mandamus directing the Society to treat the petitioners as members of the Railway Employees Co-operative Group Housing Society Ltd. forthwith and allow them to take part in the activities of the Society; (iii) declare the elections held on 26.9.93 as null and void and direct the Society to hold elections to the Managing Committee after issuing agenda notices to all the members on the rolls of the Society as per Membership List filed in writ petition No. Cw 2230/1992.
(2) In the counter affidavit filed on 27th September, 1995 by respondent No. I, it is stated that the resolutions of the Society for expulsion of the petitioners from the membership of respondent-Society on various dates were duly approved by the Registrar, Co-operative Societies. Copy of the order according to the approval was appended to the reply filed by respondent No. 1 on affidavit dated 2.7.95, copy of which is at page 177 of the paper book and was duly delivered to the petitioners through their Counsel, it is not disputed by the petitioners that against the said order of the Registrar, Co-operative Societies, according approval to the petitioners' expulsion, the petitioners preferred an appeal on 27.11.95 to the Financial Commissioner under section 78 of the Delhi Co-operative Societies Act. The appeal was dismissed as withdrawn on 19.12.95 since the same admittedly was defective. Petitioner No.1 was present in person on the date before the Financial Commissioner when the appeal was dismissed. This fact that petitioner's appeal against the order of Registrar dated 28.7.95 was dismissed was also noticed by the Court in its order dated 19.7.96. No steps have been taken thereafter by the petitioners to challenge the orders passed by the Registrar, Co-operative Societies on 28.7.95 approving the Resolution of the respondent-Society expelling the petitioners from membership of the respondent-Society or of the Financial Commissioner. Both the orders have now become final.
(3) In view of the above position, the petitioners have now no locus standi to continue with the petition. Otherwise also, there is no force in the petition.