HARMOHINDER SINGH Vs. COOPERATION MINISTER, PUNJAB

JUDGEMENT

(1.) PETITIONERS have filed a writ under Article 226 of the Constitution of India for setting aside the notice dated April 27,2000 (Annexure P -8) and the order dated June 30, 3000 (Annexure P -9) passed by respondent No. 3 -, the Registrar, Co -operative Societies, Punjab, vide which the Punjab State Federation of Consumer Co -operative Wholesale Stores Ltd. (hereinafter referred to as 'CON -STOFED') has been amalgamated with the Punjab State Co -operative Supply and Marketing Federation Lid. Chandigarh (hereinafter referred to as MARK -FED). It has been averred that petitioner No. 1 is a member of Raikot Cooperative Agricultural Service Society, Tehsil Raikot, District Ludhiana. Petitioner No. 2 is a member of the Noor Mahal Cooperative Marketing -cum -Processing Society, Tehsil Phillaur. District Jalandhar. Both these Societies are members of respondent No. 11 -MARKFED. The petitioners were elected to the Board of Directors of MARKFED on July 20, 1995 as per the provisions of the Punjab Cooperative Societies Act, 1961 thereinafter referred to as the Act). Their tenure as Directors of the MARK -FED had expired on July 20,2000. Respondent No. 7 -CONSTOFED is a registered Society under the Act.

(2.) IT has been further averred that on December 14, 1999, a meeting took place as to the future of Public Sector Undertakings under the Chairmanship of the Chief Secretary, Punjab and was attended by the Financial Commissioner, Development, Principal Secretary, Finance, Principal Secretary, Industries and Commerce, Managing Director, PSIDC, Principal Secretary, Cooperation, Registrar, Cooperative Societies and the Director, Institutional Finance and Banking. As per Agenda item No. 5 of the meeting, it was discussed that the Boards and Corporations where there are financial liabilities, they need to be merged with order organizations, the relevant portion of which is reproduced as under:

(3.) IT has been further averred that CONSTOFED was put under liquidation vide order dated April 17, 2000. Respondent No. 5 - the Joint Registrar, Cooperative Societies (M.S.), Chandigarh was appointed as a Liquidator. Under Section 50 of the Act, respondent No. 32 -the Registrar, Cooperative Societies, Sector -17, Chandigarh, ordered an enquiry into the affairs of CONSTOFED. which was conducted by Shri R.S. Paine, Joint Registrar, Cooperative Societies (M.S.), Chandigarh, who submitted his report on June 1,2000. Copy of the report of the Liquidator, CONSTOFED, dated june 1, 2000 is annexed with the petition as annexure P -3.