LAKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have prayed for the issuance of a writ in the nature of certiorari for quashing order dated 6-1-2001, Annexure P2.

(2.) The petitioners have averred that they are members of New Sarangra Co-operative Agricultural Service Society Limited, Tehsil Ajnala, District Amritsar (hereinafter called the Society). The election of Managing Committee of the society was held on 1-10-1999 and the petitioners were elected as its Committee members. The Managing Committee of the Society had been working smoothly and to the satisfaction of its members. It had earned remarkable profit during the tenure of the petitioners. Shri Ashok Kumar was elected as the President of the Society. On 27-4-1994 two Societies were formed namely the New Sarangra Co-operative Agricultural Service Society and Kakkar Co-operative Agricultural Service Society and Shri Ashok Kumar was nominated as the President of the Society (Respondent No. 4) for six months. Thereafter, elections of the New Sarangra Co-operative Agricultural Service Society took place on 29-10-1994 and said Ashok Kumar was elected as the President of the Society. The second tenure of the Managing Committe of the Society started from 1-10-1999 in which again Shri Ashok Kumar was elected as the President and petitioners were elected as Committee members of the Society.

(3.) The Assistant Registrar, Co-operative Societies, Ajnala, respondent No. 3, issued Show Cause Notice to the President of the Society, vide letter dated 16-12-1999, for removing the Managing Committee of the New Sarangra Co-operative Agricultural Service Society Limited (Respondent No. 4) which is attached as Annexure P1. Several allegations in the Show Cause Notice for removing the Managing Committee of the Society were made and the President was asked to give his reply within 15 days and further in the Show Cause Notice, it was mentioned that if no reply was received during the said period or the reply was found unsatisfactory, then the Managing Committee of the Society shall be removed. Shri Ashok Kumar, President submitted his reply within the stipulated period and respondent No. 3, on finding the reply not satisfactory, placed the entire Managing Committee under suspension vide order dated 6-1-2000 which is attached as Annexure P2.