HARBANS SINGH Vs. REGISTRAR, CO-OPERATIVE SOCIETIES, PUNJAB

JUDGEMENT

(1.) The petitioners have challenged the order of the Registrar, Co-operative Societies, Punjab dated June 8, 1981 affirming on appeal the order of Deputy Registrar, Co-operative Societies, Sangrur, holding that the petitioners had incurred disqualification under Rule 26 of the Punjab co-operative Societies Rules, 1963 for being members of the committee since they continued to be defaulters in respect of the amount due to the society, in this writ petition under Articles 226/227 of the Constitution of India.

(2.) The petitioners were members of the Managing Committee of the Saroud co-operative Agricultural Service Society, Ltd. Saroud (for short 'the Society'). Petitioner No. 1 was defaulter to the extent of Rs. 100/- for non-depositing the share money, petitioner Nos. 2 and 3 were defaulters to the tune of Rs. 1,450/- and Rs. 362.50 respectively. They did not deposit the money when called upon to do so. They were ceased to be members of the society. They successfully challenged the order of cessation before respondent No. 3. The appeal against the order of respondent No. 3 was accepted by respondent No. 2 vide order dated August 12, 1980. The petitioners challenged the order of respondent No. 2 in appeal/revision before the Registrar, Co-operative Societies, Punjab, under Section 68 of the Punjab Societies Act (for short the Act). The Registrar on appraisal of entire record gave a firm finding that the entries regarding repayment in the cash book were manipulated, that the transactions of recovery were fictitious and did not take place in the normal course of business of the society. Even the resolution dated February 28, 1980 was against Rule 80 of the Rules. The petitioners and two other members of the committee participated in the meeting in which the resolution was passed. No agenda of the meeting was issued to other members. He found that the resolution was void ab initio. After so holding, the Registrar found that the petitioners had incurred the disqualification under Rule 26 read with Rule 25(A) of the Rules.

(3.) I have gone through the record and find no error in the order passed by the Registrar, Co-operative Societies, Punjab. It was essentially question of fact whether the petitioners are defaulters or not and the finding based upon evidence is not open to exception in writ jurisdiction.