JOGINDER MUNI CHELA SAINT NARAIN MUNI AND ANOTHER Vs. THE SPECIAL SECRETARY COOPERATION (APPEALS) PUNJAB AND OTHERS

JUDGEMENT

(1.) THE Petitioners have prayed for issuance of a writ in the nature for Certiorari for quashing orders dated 7.4.1999, Annexure P5, 8.4.1999, Annexure P6 and 15.2.2000, Annexure P -8.

(2.) IT has been averred in the petition that elections to the Managing Committee of the Kalipur Dumb Co -operative Agricultural Service Society Limited, Kalipur Dumb (hereinafter called the Society) were held on 30.11.1998 in which nine persons were elected as members of the Managing Committee of the Society. The majority of the members had allegiance to the Petitioners. The election of the office bearers, was held on 15.12.1998 in which posts of President and Vice President were won by the supporters of the Petitioners, Shri Balbir Singh was elected as the President and Shri Jagdev Singh as Vice President of the Society. It has been further averred that to reduce the majority of the Petitioners into a minority a show cause notice was issued to the Petitioners by the Assistant Registrar, Co -operative Societies, Mansa for their removal as members of the Managing Committee of the Society. This show cause notice dated 8.2.1999 was issued under Section 27 of the Punjab Co -operative Societies Act, 1961 (hereinafter referred to as the Act). A copy of show cause notice has been attached as Annexure P1 with this writ petition. A: perusal of the show cause notice shows that it was issued on the ground that the Petitioners are not owners of any land. They have got their Maximum Credit Limit (hereinafter called MCL) fixed wrongly. This was factually wrong. The MCL was fixed with the approval of Assistant Registrars, Co -operative Societies, Mansa on 23.10.1998 whereas elections to the Managing Committee of the Society took place on 30.11.1998. It has been further averred that the Petitioners are in cultivating possession of agriculture land for the last many years and their MCL is being fixed regularly. They had been advanced loans from time to time. It has been further averred that MCL is fixed by the general body of the Society. If a wrong MCL was prepared, the Registrar was competent not to approve the same.

(3.) RESPONDENTS No. 1 and 2 filed their reply in which they have stated that the suspension of the Petitioners was legal and according to Rules and Bye -laws laid down in the Punjab Co -operative Societies Act, 1961.