Pritam Singh Najoga and ors. Vs. Registrar of Co-operative Societies and anr. - Court Judgment

Excerpt:
in the instant case, a petition was filed challenging access to co-operative society, wherein the petitioner was expelled from the membership of the society- the case was examined under section 22 of the delhi co-operative societies act, 1972 and rule 25 of the delhi co-operative societies rules, 1973 - the said order of termination was upheld by the registrar and the appeal to financial commissioner stood dismissed as withdrawn - the court held that the petitioner had no locus standi under article 226 of the constitution of india and accordingly the writ petition was held to be not maintainable - labour & services disability pension: [vikramajit sen, sanjiv khanna & s.l.bhayana,jj] army act (46 of 1950), section 192 & pension regulations for the army (1961), regulation. 173 claimant was on casual leave sustained injury which contributed to invalidation for military service claim for disability pension held, to claim disability pension by military personnel it requires to be established that the injury or fatality suffered by the concerned claimant bears a causal connection with military service. secondly, if this obligation exists so far as discharge from the armed force on the opinion of a medical board the obligation and responsibility a fortiori exists so far as injuries and fatalities suffered during casual leave are concerned. thirdly, as a natural corollary it is irrelevant whether the concerned personnel was on causal or annual leave at the time or at the place when and where the incident transpired. this is so because it is the causal connection which alone is relevant. fourthly, since travel to and fro the place of posting may not appear to everyone as an incident of military service, a specific provision has been incorporated in the pension regulations to bring such travel within the entitlement for disability pension if an injury is sustained in this duration. fifthly, it cannot be said that each and every injury sustained while availing of casual leave would entitle the victim to claim disability pension. sixthly, provisions treating casual leave as on duty would be relevant for deciding questions pertaining to pay or to the right of the authorities to curtail or cancel the leave. lastly, injury or death resulting from an activity not connected with military service would not justify and sustain a claim for disability pension. this is so regardless f whether the injury or death has occurred at the place of posting or during working hours. this is because attributability to military service is a factor which is required to be established.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.