BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are the members of the Lapion Co-operative Agricultural Service Society, Lapion, Tehsil and District Ferozepore (hereinafter referred to as the Society). Petitioner No. 1 was the Treasurer of the Society and petitioner No. 2 was its President in the year 1970. The Assistant Registrar, Cooperative Societies passed an order that the committee of the Society ceased to hold office and appointed Shri Amrik Singh, Sub-Inspector, Co-operative Societies, as its Administrator in January, 1971. Under Section 26(1-D) of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as the Act), the Administrator is duty-bound to hold fresh elections within the period of six months for which he is appointed. Shri Amrik Singh took no steps to hold the elections of the Society. Thereafter, the Assistant Registrar appointed Shri Shakti Sarup as the Administrator of the Society up to 31st October, 1971. Later on his term was extended up to 30th April, 1972. It is alleged that Shri Shakti Sarup also did not take any step for holding the elections of the Managing Committee. On 4th November, 1972, one Shri Karnail Dass, respondent 4 was appointed as the Administrator. He made an application before the Registrar raising a dispute which was referred to Shri Dilbagh Singh, respondent 3, for arbitration.

(2.) In this petition it has been asserted that an Administrator of the Society cannot be appointed for more than six months and since Shri Karnail Dass was not duly appointed Administrator, he had no jurisdiction to raise any dispute on behalf of the Society. Section 26(1-D) of the Act runs as follows :

(3.) This petition is, therefore, allowed and the Registrar, Co-operative Societies, is directed to hold an election of the Managing Committee within a period of two months. He shall also withdraw the reference of the dispute to the Arbitrator made at the instance of Shri Karnail Dass, the so-called Administrator of the Society. The petitioner will have his costs which are assessed at Rs. 100/-. Petition allowed.