TEHAL SINGH Vs. THE ADDITIONAL SECRETARY COOPERATION, PUNJAB

JUDGEMENT

(1.) THE petitioner was elected as a Member of the Managing Committee of the Kandila Cooperative Agricultural Society Limited (hereinafter referred to as "the Society"), on 25.8.1998. Thereafter, he was also elected as President of the Society on 11.12.1998. The Society is registered under the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as "the Act"). The term of the petitioner as President of the Society is co-terminus with the tenure of the Managing Committee of the Society, which is due to expire on 24.8.2003. By order dated 20.11.2000. Assistant Registrar, Cooperative Societies, Batala, exercising the powers of Registrar Cooperative Societies, Punjab, Chandigarh ceased the petitioner from the Presidentship of the Society under Bye-law 33(a) of the Society. Aggrieved against the aforesaid order, the petitioner filed a revision petition under Section 69 of the Act before respondent No. 1, Additional Secretary Cooperative, Punjab. Respondent No. 1 has dismissed the Revision Petition by order dated 6.12.2001. By way of this Writ Petition under Articles 226/227 of the Constitution of India, the petitioner challenges the aforesaid two orders on numerous grounds.

(2.) WRITTEN statement has been filed by respondents No. 1 and 2. It is stated that the Society of which the petitioner was the President, was ordered to be wound up by the order of the Assistant Registrar, Cooperative Societies, Batala dated 22.02.2002. Therefore, since 28.10.2002, the Managing Committee of the Society ceased to function. The petitioner, therefore, also ceased to function as the President. The writ petition, therefore, deserves to be dismissed as the petitioner has not come to this Court with clean hands. In any event, since all the elected representatives of the Managing Committee have ceased to function, the Writ Petition has become infructuous. It has also been pointed out that the petitioner was disqualified to be either a member or the President of the Society as at the time of election, the petitioner was a paid employee of the Shiromani Gurdwara Parbandhak Committee (hereinafter referred to as "the SGPC") which is a corporate body constituted under the Sikh Gurdwara Act, 1925 (hereinafter referred to as "the Gurdwara Act") Bye-law 35 of the Society prescribes a condition that a person who is an employee of a corporate body shall be disqualified to contest election to the Managing Committee of the Society.

(3.) MR . Prashar, learned counsel for the petitioner has submitted that Bye-law 33 of the Society has been wrongly mentioned in the impugned order passed by the Assistant Registrar. The petitioner has been sought to be ceased from membership of the Committee under Rule 26 of the Punjab Cooperative Societies Act, 1963 (hereinafter referred to as "the Rules") read with Bye-law 35 (viii) of the Society. According to the learned counsel, the petitioner has not incurred any of the disqualifications contained either under the Rules or under the Bye-laws. He further submitted that respondents are not disputing the fact that the petitioner has been an employee of the SGPC since 20.4.1980. If being an employee of the SGPC was a disqualification to be elected as the President, the remedy of an election petition was available under Section 55 of the Act. But his membership could not be ceased under rule 26(f) or under Bye-law 35(viii) of the Society. Clause (f) of Rule 26 of the Society provides that a member of a Committee shall cease to hold his Office if he becomes subject to any disqualification which would have prevented him from seeking election, had he incurred that disqualification before election. Similarly, Bye-law 35(viii) of the Society provides that a member of the Committee shall cease to hold Office if he becomes a paid employee of the Society or of the financing Bank. According to the learned counsel, the matter is squarely covered by a Division Bench judgment of this Court in the case of Kuldeep Singh Mangewal v. The State of Punjab and others, 2000(2) RCR(Civil) 426 (P&H) (DB) : 2000(2) PLJ 118.