HARVINDER KAUR Vs. JOINT SECRETARY, CO-OPERATION

JUDGEMENT

(1.) IN this writ petition, challenge is to order dated 27.4.1999 (Annexure p.17) passed by Joint Secretary (Co-operation) (Appeals), Punjab Chandigarh) for short the Joint Secretary), exercising the powers of the State Government under the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as the Act). Joint Secretary, vide impugned order, not only set aside order dated 20.11.1997 passed by the Joint Registrar, Cooperative Societies, Patiala (for short the Joint Registrar) but also directed that no further proceedings shall be taken in reference filed by petitioner Smt. Harvinder Kaur before the Assistant Registrar, Cooperative Societies, Ludhiana (for short the Assistant Registrar) vis-a-vis plot in question as the same being farce and an abuse of the process of Court as well as law. Joint Secretary further directed that respondent No. 5 K.K. Chadha shall be entitled to get vacant possession of the plot in question as he was entitled to the same as per draw of lots held on 9.5.1993.

(2.) ADARSH Colony Cooperative House Building Society Limited (for short the Society) came into existence in 1974 and till 1975, it enrolled 511 members. The Society had land in village Sunet and village Thrike. The land belonging to the Society was acquired by Ludhiana Improvement Trust (for short the Improvement Trust). The Society approached the Improvement Trust with a request to exempt its land from acquisition to which the latter at first agreed but later on declined the same. The Society then took the matter to the High Court in two writ petitions. In the said writ petitions, the Improvement Trust was directed by this Court to accommodate the Society by making allotment of land to it. The Improvement Trust agreed to allot 16 acres plotted area in lieu of land situated in village Sunet (now known as Bhai Randhir Singh Nagar, Ludhiana) and land situated in village Thrike (now known as Rajguru Nagar, Ludhiana). Out of the plotted area allotted to the Society, Improvement Trust carved out 281 plots of different sizes for the Society. The Society was to further distribute the plots to its Members but during the time the Improvement Trust allotted plots to the Society, the term of the Executive Committee of the Society had already expired and new Executive Committee had not been elected. Assistant Registrar, Cooperative Societies, in exercise of powers under Section 26(ID) of the Act, vide order dated 22.11.1983 appointed Chaman Lal, Inspector, Cooperative Societies as Administrator of the Society. The appointment of the Administrator was for a period of 3 months or till such time, election of Executive Committee was held. The Administrator was directed to make arrangements for holding election of the Executive Committee as per Rules. The Administrator did not make any arrangements for holding election and instead enrolled 17 new members on 13.3.1984. Out of 17 new members, two namely, Ram Lal and Jaswant Singh were enrolled by way of transfer of shares i.e. shares of Jagdish Chand Rai (Membership No. 630) were transferred in the name of Ram Lal Galhotra to whom new membership No. 739 was allotted. Likewise, shares of Daljit Kaur (Membership No. 209) were transferred in the name of her husband Jaswant Singh and membership No. 734 was allotted to him. On 18.5.1984, the Administrator allotted 281 plots to the members of the Society and amongst 281 members 17 newly enrolled members were also allotted plots. Some of the members out of original 511 members including respondent No. 5, namely, K.K. Chadha made representation to the Deputy Registrar, Cooperative Societies, Ludhiana (for short the Deputy Registrar), against aforesaid allotments made by the Administrator. The Deputy Registrar, vide order dated 17.7.1984 cancelled all the allotments made by the Administrator. He found that the Administrator had not adopted any criterion for allotment and the allotment was not made in presence of the members and was also not done by draw of lots. Deputy Registrar further held that the Administrator had not obtained the approval of the Registrar for allotment of plots and allotment was made by enrolling new members whereas the old members who were members of the Society at the time of acquisition of land, had not been allotted the plots. Since election of the Managing Committee had been fixed for 8.8.1985, the Deputy Registrar directed the Administrator not to make any allotment till then. The Managing Committee which was to be elected, was directed to adopt some criterion for allotment of plots and while framing the criterion, interest of members who were members at the time of acquisition of land, be kept in view and approval be obtained from the General Body of the Society. Ram Lal Galhotra and some other newly enrolled members by the Administrator, took the matter in appeal before the Joint Registrar, who vide order dated 2.1.1985 set aside the order of the Deputy Registrar. Against the order of the Joint Registrar, 4 revision petitions were filed before the Commissioner (Appeals), Jalandar Division, Jalandhar (for short the Commissioner). In the revision petitions, it was pointed out that the Administrator had no authority to allot the plots. Finding merit in this contention, the Commissioner accepted the revision petitions vide order dated 9.6.1988 and orders dated 2.1.1985 passed by the Joint Registrar were set aside and orders dated 17.7.1984 passed by the Deputy Registrar were restored. With the decision of the Commissioner, enrolment of Ram Lal at Serial No. 739 and allotment of Plot No. 69-A measuring 489 Sq. Yds. situated in Bhai Randhir Singh Nagar by the Administrator Shri C.L. Azad and also the allotments made by C.L. Azad to other members, came to be cancelled. It deserves to be mentioned at this stage that during the period the revision petitions were pending before the Commissioner, Ram Lal transferred his membership in favour of Smt. Harvinder Kaur (petitioner herein) and this transfer was allowed by S.S. Mann, who had then been appointed as Administrator of the Society in place of C.L. Azad and was allotted membership No. 757. The transfer of membership by Ram Lal in favour of petitioner was kept concealed and not brought to the notice of the Commissioner. Petitioner Harvinder Kaur too did not make an application for being substituted in place of Ram Lal.

(3.) RESPONDENT No. 5 feeling aggrieved against order dated 20.11.1997 passed by the Joint Registrar directing Assistant Registrar to proceed with the reference filed by the petitioner, preferred revision petition under Section 69 of the Act before the Joint Secretary. Joint Secretary accepted the revision petition. Vide detailed order dated 27.4.199, Joint Secretary came to the following conclusions. :-