GURCHARAN SINGH Vs. JOINT REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) The present petition is directed against order dated 27.6.2011(Annexure P2) passed by the Joint Registrar, Cooperative Societies, Patiala upholding the order dated 10.11.2010 (Annexure P1) passed by the Deputy Registrar, Cooperative Societies, Sangrur whereby the petitioner was ordered to be ceased to be a committee member of the respondent-cooperative society, i..e, respondent No.4-The Mehlan Cooperative Multi Purpose Agricultural Service Society Limited.

(2.) The brief facts of the case which are hardly in dispute are that the petitioner contested the election of the respondentcooperative society held on 23.8.2010 and he was elected as committee member. Since as per the provisions of bye-law 36 of the Registered bye-laws of the society, the elected committee members were to elect the president and the vice president amongst themselves, petitioner was elected as Vice President of the society.

(3.) It is pertinent to note here that during the election process, no body raised any kind of objection, pointing out any ineligibility in the candidature of the petitioner. His nomination papers were duly scrutinized and thereafter, duly accepted. Instead of challenging the election of the petitioner under Section 55/56 of the Punjab Cooperative Societies Act, 1961(for short,'1961 Act') read with Rule 51 and Rule 12(2) of the Appendix 'C' Part-1 of the Punjab Cooperative Societies Rules, 1963 (for short,'1963 Rules') within 90 days of the date of declaration of result, impugned order dated 10.11.2010 (Annexure P1) came to be passed by the Deputy Registrar, Cooperative Societies, Sangrur-respondent No.2, whereby he ordered that the petitioner shall cease to be a committee member. This impugned order was passed by respondent No.2, exercising his powers under Rule 26 of the 1963 Rules, on the report of Assistant Registrar, Cooperative Societies, Sunamrespondent No.3. Dis-satisfied with the impugned order dated 10.11.2010 passed by respondent No.2, petitioner filed his revision petition before respondent No.1 who, dismissed the same vide impugned order dated 27.6.2011(Annexure P2).