KHUSHAL BEHAL Vs. REGISTRAR CO-OPERATIVE SOCIETIES PUNJAB

JUDGEMENT

(1.) THE main question requiring determination for the decision of this petition under arts. 226 and 227 of the Constitution relates to the manner of election of the president, the Vice-President and the Managing Director of the Gurdaspur Central co-operative Bank Limited, Gurdaspur (hereinafter referred to as the Bank ). According to the petitioner who was himself elected as one of the Directors of the bank, the election of the said three office-bearers of the Bank must be by secret ballot--a proposition which is controverted on behalf of respondents Nos. 1 to 12 of whom the first three are Government officials charged with administering the punjab Co-operative Societies Act and respondent No. 4 is the Managing Director who was elected as such on the 24th of December 1969, in a meeting of the Board of Directors of the Bank whereat the method adopted for election was by show of hands.

(2.) THIS petition must fail Clause (a) of Rule 1, Rule 2 and Rule 3 of the Rules contained in Part I of Appendix 'c' to the Punjab Co-operative Societies Rules, 1963 are in these terms:--

(3.) IN view of the above observations it cannot be held that the election of the office-bearers of the Board of Directors contravenes any law or principle of natural justice and the petitioner cannot therefore, be held entitled to have it set aside. The petition is accordingly dismissed but with no order as to costs.