GRAM PANCHAYAT SARLI KALAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition has been filed seeking interference of the court in the matter of shifting of a branch of respondent No.6 bank from village Dhota to Mianwind. Ordinarily and in the normal course, in exercise of the powers under Article 226 of the Constitution, the court would not enter to examine the validity of such a decision which is primarily required to be taken by the concerned authorities in the business interest of the bank. However, present being a P.I.L. and there being allegations that the said decision had been taken at the behest of respondent No.8 who is the local M.L.A.,the court has considered it appropriate to go into the specific details of the case.

(2.) ACCORDING to the petitioners, the decision to shift the branch of the respondent No.6 bank is required to be taken by the Board of Directors as per norms and the exercise in the present case has been prompted by collateral and extraneous reasons, namely, to advance the interest of respondent No.8. It is also alleged that the building from which the bank is to function at the new location is owned by respondent No.8 and a deal has been struck to take the building on rent at an exorbitant rate. The respondent bank as well as the Assistant Registrar of Cooperative Societies, Khadoor Sahib have filed their respective written statements. The written statement filed by the bank indicates that the decision to shift the branch of the bank has been taken in the business interest of the bank and after a survey was carried out by senior functionaries of the bank. In the affidavit filed by the Assistant Registrar of the Cooperative Societies, Khadoor Sahib, on behalf of respondents No.1 to 4, it has been stated that an earlier writ petition filed by three Agricultural Cooperative Societies who had accounts with the bank was withdrawn and five out of the six societies that have business with the respondent bank, have passed resolutions giving consent to the shifting of the branch to village Mainwind. That apart, it has been stated that 18-20 villages are in the area of the operation of the branch and out of the said villages Mainwind village is the largest having a Civil Hospital, Grain Market, Government High School, Veterinary Hospital and commercial establishments. It is also stated that village Mainwind is well connected by bus service and is situated on the main road going from Khadoor Sahib to Khalchain. In the written statement filed on behalf of respondent No.1 to 4 it is also stated that there is no bank in the area of 5-6 kilometers around village Mainwind whereas there are two banks in the vicinity of village Dhota. That apart, the respondents No.1 to 4 in the written statement have reiterated the case pleaded by the respondent bank that the decision to shift the branch was taken after a survey was undertaken by a Senior Manager of the bank. In so far as hiring the building belonging to respondent No.8 is concerned, it is the case of respondents No.1 to 4 that no such decision has been taken. Taking into account the facts states above, it cannot be said that the decision to shift the branch of the bank from Dhota to Mainwind has disclosed any error or mistake which would require correction at the hands of the Court. We are, therefore, of the view that this P.I.L. ought not to be entertained any further. It is, accordingly, dismissed, however, without any order as to costs.