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by Admin
07 May 2024 2:49 AM
The court's judgment emphasized the need to avoid a legal vacuum and ensure the smooth functioning of the co-operative society. In this context, it quoted the doctrine of necessity, stating, "Law does not contemplate a vacuum, and a solution has to be found out rather than allowing the problem to boil over."
The court outlined two possible scenarios for the conduct of fresh elections. First, it directed the Central Government to establish the Co-operative Election Authority (CEA) within three weeks. If the CEA is formed within this timeframe, it will be responsible for conducting the elections within four weeks of its establishment.
Alternatively, in case the CEA is not established within three weeks, the court appointed Justice S.N. Dhingra, a retired judge of the court, as the Returning Officer to oversee the elections. The court clarified that this appointment would take effect only if the CEA is not established within the specified timeframe.
The court also addressed several prayers made in related applications, including requests for restraining the existing BoD from acting further and the appointment of an administrator. It declined these requests, highlighting the need for proper accounting and auditing of the society's financial activities.
Furthermore, the court emphasized that its directions should not affect compliance with orders from the Supreme Court and Allahabad High Court.
Delhi High Court provides clarity on the process of conducting fresh elections for the SCBA-MSCGHS's BoD and underscores the importance of avoiding legal gaps in such matters.
Date of Decision: 03 November 2023
SADHANA SANDHU & ANR. VS SUPREME COURT BAR ASSOCIATION MULTI-STATE CO-OPERATIVE GROUP HOUSING SOCIEITY LTD. & ORS.
[gview file="https://lawyerenews.com/wp-content/uploads/2023/11/Del-03-Nov-2023-Sadhna-Vs-SCBA.pdf"]
