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Setting aside a May 26, 2006 notification from the Lieutenant Governor’s Office, a Bench led by Justice Vikramajit Sen agreed that the present Tribunal’s constitution, headed by a retired bureaucrat, is in violation of the Delhi Co-operative Societies (DCS) Act. “We have no hesitation in setting aside the notification dated May 26, 2006, as it is not sustainable. We direct the government to constitute a proper tribunal as per the law,” said the Bench. “The Chairman of the Tribunal has to perform quasi-judicial functions, he should be a member of the judiciary, preferably a retired District Judge,” the Bench said while hearing a the petition of advocate Rajeshwar Gupta alleging that the notification is in violation of the DCS Act.
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