GURBACHAN SINGH Vs. GOVERNMENT OF PUNJAB

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India, is directed against the writ of demand dated 21st June, 1972, (Annex. 'a') issued by the assistant Registrar, Co-operative Societies, Ferozepur, exercising the powers of assistant Collector 1st Grade, under the Punjab Land Revenue Act.

(2.) IT is stated that respondent No. 3 which is a Co-operative Society, raised a dispute against the petitioner, which was referred by the Registrar, Co-operative societies, to an arbitrator, for decision. The arbitrator gave an award against the petitioner, but the date on which this award was given has not been mentioned in the petition. The petitioner did not file any appeal or revision against this award and the same has become final. It is submitted, however, that Section 63 of the punjab Co-operative Societies Act. (hereinafter referred to as 'the Act'), is violative of Article 14 of the Constitution inasmuch as at least three modes of execution of an award have been provided by the statute, and at the same time, no guidance has been given to the authority concerned to adopt one or the other mode of execution. Section 63 of the Act runs as under:-

(3.) THE learned counsel for the respondents has drawn my attention to Sant Sadhu singh v. The State of Punjab, AIR 1970 Punj and Har 528. In that case, the rights of the secretaries and the treasurers of the Co-operative Societies, available to them under the amended Act had been taken away by a subsequent amendment of the act. It was argued that the denial of these rights to the secretaries and the treasurers of the Co-operative Societies was hit by Arts. 14 and 19 of the Constitution of India. This contention was repelled by a Division Bench of this court on the basis of Article 31-A of the Constitution. In the instant case, the rights of the secretaries and the treasures as such are not taken away. So the protection of Article 31-A of the Constitution is not available to the statute. Section 63 of the Act, as mentioned above, lays down the mode of execution of an award against the defaulters of a Co-operative Society. Such a provision has to conform to the mandatory provisions of Article 14 of the Constitution before any action can be taken under it. The objection taken on behalf of the respondents is consequently over-ruled.