DILBAGH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present writ petition filed under Article 226 of the Constitution of India is to the order dated 02.06.2020 (Annexure P-7), whereby the respondent No.3-Joint Registrar, Cooperative Societies, Patiala, set aside the order dated 17.12.2018 (Annexure P-3) passed by the Deputy Registrar, Barnala. Further direction as such is sought to record the petitioner as nominee of his brother Major Singh in the record of respondent No.6-Society and to grant him all consequential benefits.

(2.) While passing the impugned order and allowing the appeal of the father and son namely Major Singh and Jagseer Singh, it was noticed that the father had changed his nominee during his lifetime by submitting an application to the Society and, thus, there was no need of any notice or agenda of 15 days to be issued.

(3.) Counsel for the petitioner has, thus, contended that as per Rule 80 of the Punjab Cooperative Societies Rules, 1963 (for short '1963 Rules') a 15 days clear notice had to be granted, specifying the date, place, time and agenda for the meeting of the General Body and 7 days clear notice was required for a meeting of smaller body set up and in the absence of any such notice having been issued, the resolution passed on 18.05.2018 had been rightly set aside by the Deputy Registrar on 17.12.2018 (Annexure P-3). It is submitted that the Managing Committee had been given the occasion to reconsider the case after completing the legal formalities and the order was wrongly interfered with by respondent No.3.