BRIG PREM KUMAR Vs. REGISTRAR CO OPERATIVE SOCIETY

JUDGEMENT

(1.) The petitioners have prayed for issuance of a writ in the nature of certiorari for quashing of order dated December 1, 2000 (copy Annexure P-5) passed by respondent NO, 2. i.e., Assistant Registrar Co-operative Societies, Panchkula, appointing respondent Nos. 2 to 6 as Administrators of the Mahander Vihar Co-operative Housing Maintenance Society Ltd.. Panchkula (hereinafter referred to as the Society).

(2.) The petitioners have averred that they are members of the Society. A meeting of the General Body of the Society was held on July 12, 1998. The petitioners were elected as members of the Managing Committee. Petitioner No. 1, i.e. Brig. Prem Kumar was elected as President and petitioner No. 2 i.e., Col. Tejinder Singh was elected as Vice-President of the Society. On June 4, 2000. a meeting of the members was held to discuss the problems of the society. During the proceedings of this meeting, 2-3 members misbehaved and obstructed the proceedings. They used derogatory language and insulted the President and other members of the Society. In disgust, all the members of the Society submitted their resignations to the Registrar on June 10,2000. A copy of the resolution vide which the petitioners submitted their resignation is attached with the writ petition as Annexure P-1. Their collective resignation was not accepted by the Registrar and an intimation was sent to them on August 3. 2000 by the Inspector Co-operative Societies, Panchkula. Keeping in view the larger interest of the Society, all the members withdrew their resignations and requested the Registrar to ignore the same. A copy of the letter withdrawing their resignations dated August 7, 2000 addressed to the Registrar Co-operative Societies, Haryana, who has been arrayed s respondent No. 1, is attached with the writ petition as Annexure P-2.

(3.) It has been further averred that in the meantime, one Lt. Col. Tarlok Singh managed to hold meeting of the General Body of the Society and showed himself to be elected as a General Secretary of the Society. On coming to know of this fraud, members of the Managing Committee met the Assistant Registrar, Co-operative Societies. Haryana (respondent No. 2) on August 10, 2000 and apprised him of the real and factual position. Respondent No. 2 passed an order dated August 10, 2000 and stated that the petitioners shall continue s members of the Managing Committee till the new Committee was elected. A letter of the Assistant Registrar, Co-operative Societies, Panchkula dated August 10, 2000 is annexed with the writ petition as Annexure P-3.