SEWA SINGH Vs. ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) THE petitioners have prayed for the issuance of a writ in the nature of Certorari for quashing order dated 12.9.2000 (Annexure P-8) and for further quashing notice dated 12.9.2000 (Annexure P-7).

(2.) THE petitioners have averred that they are the elected members of the Managing Committee of the Sanghar Kot Cooperative Agricultural Service Society Limited (hereinafter called the Society). The election of the Committee took place in December, 1999. The office bearers were also elected. The petitioners further averred that they belong to the Congress Party and some members of the Managing Committee, who were also members of the Akali Party and were in minority were putting hurdles in the functioning of the Society. The Society passed a resolution on 1.6.2000, authorising Sh. Sukhdev Raj, Salesman of the Society to obtain a Bank draft for Rs. 1.90 lacs and to purchase stock of urea fertiliser from the branch of Markfed at Tarn Taran. The Salesman after preparing the draft, lifted a stock of 900 bags of fertiliser from Markfed godown, Tarn Taran on 3.6.2000. These bags were unloaded in the godown of the Society on 4.6.2000, which was a Sunday. There was a public holiday on 5.6.2000, declared by the Punjab Government. Some members of the Managing Committee belonging to the Akali Party approached respondent No. 3, Minister of Co-operation, Punjab. Respondent No. 3 gave instructions to the Sub Divisional Magistrate, Tarn Taran, the Assistant Registrar, Co-operative Society, Amritsar and the Tehsildar, Tarn Taran, to check the godown of the Society. The above officers went to the godown of the Society and broke open the lock on 4.6.2000, in the absence of the employees of the Managing Committee of the Society. Some bags were weighed. A sample was taken. Shortage of 600 kgs. of urea fertiliser was recorded. The Managing Committee asked the Salesman to make good the loss and the Salesman deposited Rs. 1314/- on account of the price of shortage of six bags of urea fertiliser.

(3.) NOTICE of motion was issued. Respondents filed the reply.