RAJINDER SINGH BRAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The epitome of the facts, culminating in the commencement, relevant for disposal of the present writ petition and emanating from the record, is that the Management of the Fazilka Central Cooperative Bank Limited, Fazilka at Abohar respondent No. 4 (for brevity ''the respondent-Bank'') vested in the elected members of the Board of Directors and is governed by the provisions of The Punjab Cooperative Societies Act, 1961 and The Punjab Cooperative Societies Rules, 1963 (hereinafter to be referred as ''the Act and the Relevant Rules'') and its Bye-Laws.

(2.) The petitioners claimed that the membership of the Board of Directors of the respondent-Bank consists of different Cooperative Societies. The previous term of the Board of Directors expired on 07.10.2010. As, the outgoing Board of Directors were required to make arrangement for the constitution of new Board of Directors, 90 days before the expiry of its term, therefore, it passed a resolution dated 05.10.2010 (Annexure P-2), with regard to the conduct of election of the Board of Directors. It was also resolved that a general body meeting be convened to amend its Bye-Law No. 3 to include and cover the societies of Tehsil Jalalabad, in the area of operation of the Bank and to exclude the numbers of societies in zone Nos.8 and 9, which were under winding-up process and, as such, after completion of the whole process, the fresh zone be constituted by including/excluding the member societies, in accordance with law, before the commencement of the election process.

(3.) As, the term of the previous Board of Directors expired, therefore, the Registrar, Cooperative Societies appointed its Administrator. The fresh zonal list of voters (Annexure P-3) was prepared. According to the petitioners, the fresh zonal list (Annexure P-3) of voters was changed, in order to help the persons of the ruling party mentioned therein. The Joint Registrar issued election notice dated 07.02.2011 (Annexure P-4) and invited the objections to newly proposed zonal list of voters. Petitioner Nos.2 and 3-Jag-dev Singh and Mohinder Singh, filed the objection petition (Annexure P-5) in this regard.