PARVESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant writ petition has been filed under Article 226 of the Constitution of India for quashing the order dated 17.06.2014 (Annexure P-17) passed by respondent no. 1 whereby revision petition filed by respondents no. 5 and 6 has been accepted, in a wholly illegal and arbitrary manner and in a pre-determined mind and respondent no. 4 has been directed to convene a fresh meeting on 19.06.2014 and to send its representatives despite the election process having been put into motion vide order dated 06.06.2014 passed by the Registrar or in alternative for declaring the provisions contained in Section 115 of the Haryana Cooperative Societies Act, 1984 (in short '1984 Act') as ultra vires.

(2.) At the very outset, learned counsel for the petitioner submits that he is not pressing the alternative relief in view of the order dated 07.07.2014 passed by a Division Bench which reads as under:

(3.) Shorn of unnecessary details, facts relevant for disposal of this petition are to the effect that the petitioner is a member of the Dighal Primary Agricultural Cooperative Society. There are nearly 24 Primary Agricultural Cooperative Societies (in short 'PACSes') and 263 other Cooperative Societies which are affiliated members of the Jhajjar Central Cooperative Bank Limited, Jhajjar (in short 'Cooperative Bank'). The aforesaid 24 PACSes are funded by the Cooperative Bank and as a consequence thereof, one nominee i.e. CEO, being the financial head, is a member on the board, of all 24 PACSes. As per the bye-laws and regulations, election of the Board of Directors of Cooperative Bank is held after every five years. The zonal committee has created seven zones for 24 PACSes and three zones have been created for 263 cooperative societies. In all, 287 votes are sent by all the affiliated members for election of the Board of Directors of the Cooperative Bank. The election for Board of Directors of the Cooperative Bank was due on 03.07.2014, as term of five years has expired. The Zonal Committee of the Cooperative Bank in its meeting decided to write to all its affiliated members to send their votes on or before 28.04.2014. The written letters were sent to all the members on 26.03.2014 and a publication to that effect also appeared in the newspaper on 26.03.2014. The Dighal, PACS issued notice dated 11.04.2014 convening an ordinary meeting on 26.04.2014. As per rules, 15 days' notice is required to be given for the meeting of the General Body. During routine inspection of the Dighal PACS, CEO of the Cooperative Bank found that notice of the meeting along with agenda had not been sent to the nominee member and she made a remark in the agenda book. On finding it difficult to hold a secret meeting without associating the CEO, the Dighal, PACS forwarded the agenda of the scheduled meeting to be held on 26.04.2014 to the CEO. The CEO send her remarks on 24.04.2014 that she had not been served with 15 days clear notice, as required under the provisions of the statute. In that eventuality, the Dighal, PACS convened the meeting of its Managing Committee on 24.04.2014 and postponed the meeting scheduled to be held on 26.04.2014.