Co-operative court judge-efficiency?


Can a disputanat write to High Court against a Co-op. Judge complaining about his judgment detailing the flaws. The disputant does not want to appeal since even if he wins the appeal, it is not relevant now. All the same, the Judge had flawed in his judgement. Normally, appeal is being done before the Appellat Authority.

 
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Lawyer in Hyderabad.Email Id:ramachary64@gmail.com

You can file a writ petition in concern High courts.A writ is a formal written order issued by a Court. Any warrant, orders, directions, and so on, issued by the Supreme Court or the High court are called writs. A writpetition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India when any of your fundamental rights are violated

 
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Retired employee.

What is the date o judgment ?   When you require guidance to complaint ? How you are adversely affected and suffered are some material facts.

 
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Thank you very much Mr. Prasad. The order is dated 4.10.17. I had asked for certified copy of the order affixing Rs. 5/- court fee stamp. The clerk said that I have to pay Rs. 620/- since there is no "Steno" and the job was got done from outside and hence the charges to be paid. I said "I Donrt want the order". After few days, I will again go and ask for the order. The case is as per Co-operative Housing Society byelaws the outgoing and incoming Managing Committee will have a joint meeting after the elections to the Managing Committee. I was the outgoing Hon. Secretary and got elected to the new Managing Committee also. The meeting has to be convened within a month of the elections, which was done. In the meantime, three members of the Incoming Managing Committee issued a circular that the MC meeting was held and so and so were elected as Office bearers. They also wrote to the Dy. Registrar that MC meeting was held by "Mutual Intimation" and so and so were elected as office bearers. The meeting was not held at all. I had disputed this in the Co-operative Court and prayed that the elections of the office bearers be declared illegal since they had called the purported meeting by "Mutaul Intimation". The meeting of the MC members should be held as per the notice in writing with the agenda specified. Everytime the Judge was giving the dates. Ultimately I gave the Affidavit of Evidence in June 2016. Afterwards only dates. On the last date I told him that he has been giving dates only. and two times he had said closed for orders. He became very wild. He said "We have got other jobs also, this is not the only one". The Judge did not apply his mind since any meeting cannot be called by "Mutual Intimation" and hence he should have contended that the meeting even if held was illegal and hence the office bearers elected is null and void. It seems he had a grudge since I talked to him strictly that the matter is not moving further. Lastly he told me, I will see the evidence and decide. He dismissed my complaint. The funniest part is there was no cross examination after I submitted my evidence since the opponents had not been coming for the past 4 years and I was only attending. He had given the judgement without applicaiton of mind.

 
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Thank you Mr. Rama Chary. I give the details of the case as under:-

The case is as per Co-operative Housing Society byelaws the outgoing and incoming Managing Committee will have a joint meeting after the elections to the Managing Committee. I was the outgoing Hon. Secretary and got elected to the new Managing Committee also. The meeting has to be convened within a month of the elections, which was done. (Now it is changed to 15 days after elections) In the meantime, three members of the Incoming Managing Committee issued a circular that the MC meeting was held and so and so were elected as Office bearers. They also wrote to the Dy. Registrar that MC meeting was held by "Mutual Intimation" and so and so were elected as office bearers. The meeting was not held at all. I had disputed this in the Co-operative Court and prayed that the elections of the office bearers be declared illegal since they had called the purported meeting by "Mutaul Intimation". The meeting of the MC members should be held as per the notice in writing with the agenda specified. Everytime the Judge was giving the dates. Ultimately I gave the Affidavit of Evidence in June 2016. Afterwards only dates. On the last date I told him that he has been giving dates only. and two times he had said closed for orders. He became very wild. He said "We have got other jobs also, this is not the only one". The Judge did not apply his mind since any meeting cannot be called by "Mutual Intimation" and hence he should have contended that the meeting even if held was illegal and hence the office bearers elected is null and void. It seems he had a grudge since I talked to him strictly that the matter is not moving further. Lastly he told me, I will see the evidence and decide. He dismissed my complaint. The funniest part is there was no cross examination after I submitted my evidence since the opponents had not been coming for the past 4 years and I was only attending. He had given the judgement without applicaiton of mind.

I had asked for certified copy of the order affixing Rs. 5/- court fee stamp. The clerk said that I have to pay Rs. 620/- since there is no "Steno" and the job was got done from outside and hence the charges to be paid. I said "I Donrt want the order". After few days, I will again go and ask for the order. 

I did not want to appeal since there is no point since the main three persons responsible for the mess has resigned from the MC and some others have been co-opted in their place. I wanted to expose this Judge. May be biased or incompetence. Your guidance will be much appreciated.  I am not an advocate, though I have fought two cases in Consumer court and won (through guidance from other advocates). 

 
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Retired employee.

You have tasted the fruits of court proceedings on a simple matter and their whims and fancies.  This is not an advice, but think for yourself whether these litigations are cup of tea for you and me, as we can not get anything out of all this in this system.  When there is no financial interest, just forget about it, rather than blaming single one,.  You know the meaning "Birds of flock fly together".  No one is going to take action against any judge, who ever he may be though he has committed blunders or overlooked important facts..  Fortunately you are not dealing in property matters, there are more atrocities in those matters and I am personally aware as to common men lost crores of properties because of such judgments where facts were ignored or twisted through smartness.

 
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OK. Thank you. Regards.

 

 
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