BALRAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS , who are elected members of Managing Committee of respondent No. 3, have filed this writ petition under Articles 226 and 227 of Constitution of India with a prayer to issue a writ certiorari to quash resolution dated 15.12.2003 (Annexure P-12), vide which respondent No. 7 has been co-opted as a member of the Managing Committee of respondent society i.e. respondent No. 3, being illegal, arbitrary and also contrary to the provisions of Haryana Cooperative Societies Act, 1984 (in short the Act).

(2.) IT is the case of the petitioners that respondent No. 3, the society was constituted under the provisions of the Act. As per bye-laws, members of the society elected 7 members to its Managing Committee. Those elected members of the Managing Committee were to further co-opt one woman as member of the Managing Committee. It has further been alleged that subscription towards share capital of the society, of the State Government is only Rs. 42,400/-. As per Section 29 of the Act, government was not entitled to nominate any person to the Managing Committee of respondent No. 3. However, respondent Nos. 5 to 6, though never nominated by the State Government, of their own represented themselves to be members of respondent No. 3, the society.

(3.) AFTER the petitioners left office of the society, respondent Nos. 4 and 5, in collusion with three other elected members of the society, entered a resolution in the resolution book and co-opted respondent No. 7 as a member of the Managing Committee. When petitioners came to know about this resolution, they immediately wrote letters/representations to the higher authorities. By referring above facts, it has been prayed that since resolution was passed without any justification and legal force, it be quashed and consequently, election of respondent No. 7 co-opted member of the society, be also quashed.