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NEW DELHI: The Delhi High Court has dismissed a bunch of petitions by members of a group housing society here, seeking quashing of a resolution of its managing committee as well as the agenda notice issued for holding elections to the committee, saying that petitioners have an alternative mechanism to raise the issue.
Members of Vikas Cooperative Group Housing Society Limited had submitted that the resolution and the agenda notice were illegal, arbitrary, unconstitutional, unjust, unreasonable, fabricated, manipulated and against the provisions of the Delhi Cooperative Societies Act, rules and bylaws.
They had also sought appointment of an administrator for day-to-day running of the co-operative body and holding elections to it.
They submitted that there was no management committee in existence at the time of adoption of the so-called resolution as three of the seven-member committee had resigned before that, following which the mandatory requirement of having at least five members to constitute it was not fulfilled.
Opposing the plea of the petitioners, counsel for the Society submitted that the High Court was not the right forum for resolution of the grievances of the petitioners, as the Act provides for arbitration proceedings for such disputes.
Dismissing the petitions, a Division Bench of Justice Rajiv Sahai Endlaw and Justice G. P. Mittal said: “The petitioners herein have an alternative efficacious remedy available to them. The writ petitions are therefore dismissed as not maintainable with the liberty to the petitioners to avail of alternative remedies available to them.”
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