(1.) THE petitioner has prayed for issuance of a writ in the nature of certiorari for quashing of resolutions dated May 7, 1999 and May 25, 1999 (Annexures P -1 and P -2) respectively passed by respondent No. 2 - Hari Singh, Supervisory Officer, the Ajnala Co -operative Marketing -cum -Processing Society, Ltd., Anjala, District Amritsar and further quashing of order dated July 12,1999 (AnnexureP -3) passed by respondent No. 1, Joint Registrar, Co - operative Societies, Jalandhar and further a writ in the nature of mandamus directing the respondents to hold Elections according to law.
(2.) THE petitioner has averred that he is an Ex -President of the Anjala Co - operative Marketing -cum -processing Society Ltd., Anjala (hereinafter referred to as "the Society"), which is duly registered under the Punjab Co -operative Societies Act, 1961 (hereinafter referred to as "the Act"). The last elections of the Society were held on September 12,1994, but the Managing Committee was removed on August 6,1997 and an Administrator was appointed in the Society on January 21, 1998. He was appointed under Section 27 of the Act. Under Section 26(1 -D) of the Act, the total period of the Administrator shall not exceed six months in the case of a primary society, and one year in the case of a central society and an apex society. The tenure of the Administrator had expired and a Supervisory officer was appointed in the Society. Respondent No. 2 is working as a Supervisory Officer. It has been further averred that as the elections of the Society were due, respondent No. 3 (Cooperation Minister) got a resolution passed from respondent No. 2 (Supervisory Officer) for enrolling 470 new members in the Society with the mala fide intention so that their own members could be elected again in the managing committee. It has been further averred that total number of the original members of the Society is 354, thus stating that more members were enrolled than what the Society has proposed in its original members. Resolutions dated May 7, 1999 and May 25, 1999 enrolling 470 new members in the Society have been annexed with the petition as Annexures P -1 and P -2. It has been further averred that the Supervisory Officer has got no authority to pass a resolution or to enrol new members in the Society as in the entire Act, there is no such provision for appointment of a Supervisory Officer. Respondent No. 1 -Joint Registrar, Co -operative Societies, Jalandhar, without applying his judicious mind granted an approval of the enrolling of new members under the political pressure of respondent No. 3. The order dated July 12, 1999 approving the aforementioned resolutions is annexed with the petition as Annexure P -3. It has been further averred that it is very difficult to implead all 470 members as respondents and only four members are impleaded as respondent Nos. 5 to 8 in representative capacity out of the list of new members, who were enrolled in the Society vide the above resolutions.
(3.) RESPONDENT No. 1 has denied the allegations levelled against him, but he admitted this averment that the elections of the Society were held on September 12, 1994. It has been averred that an Administrator was appointed vide order dated January 21,1998 (Annexure R -1/T) under Section 27(1)(a) of the Act. It has been further averred that the Administrator could be validity appointed under Section 27(1)(a) even beyond a period of one year as provided in Section 27(1)(a) of the Act. In the instructions issued by the Registrar, Co -operative Societies, Punjab, as contained in letter No.Credit/CA -5/32/1430 dated June 18, 1986, it has been mentioned that where the term of Administrator expired, then Supervisory Officer was required to be appointed in the Society for looking after day -to -day affairs of the Society till a new managing committee comes into being.