SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Briefly, the facts of this case are that a Society named as the Hamza Amritsarian Co-operative Agricultural Service Society Limited, Hamza, tehsil and district Amritsar (hereinafter referred to as 'the Society') is registered under the Punjab Co-operative Societies Act, 1961 (hereinafter referred to as 'the Act').

(2.) The petitioners were registered as members of the Society on September 1, 1973 and September 24, 1973. Election to the Managing Committee of the Society was held on February 17, 1972, and five members were elected as members thereof and their names were forwarded to the Assistant Registrar, Co-operative Societies. The election of the Managing Committee was challenged by Baghel Singh, Cashier of the Society. The matter was referred to Shri Tara Singh Inspector, Co-operative Societies, as Arbitrator. He held the election of the Committee valid. Baghel Singh went up in appeal before the Assistant Registrar, Co-operative Societies, Amritsar, under section 68 of the Act, who accepted the appeal on February 12, 1973, and set aside the election of the Managing Committee. Consequently, he ordered the appointment of an Arbitrator of the Society. Harbhajan Singh, President of the Society, went up in a revision petition before the State of Punjab under section 69 of the Act against the order of the Assistant Registrar, Co-operative Societies dated February 12, 1973. A compromise was effected during the pendency of the revision petition before respondent No. 1. The Deputy Secretary to Government, Punjab, Co-operative Department, exercising the powers of respondent No. 1 under section 69 of the Act on the basis of the compromise, accepted the revision on October 30, 1973, and ordered as follows :-

(3.) The Assistant Registrar, Co-operative Societies fixed December 3, 1973, as the date for election of one member of the Society, on account of the vacancy created by Jagir Masih. The order of the Deputy Secretary, dated October 30, 1973, has been challenged by the petitioners. The writ petition has been contested by the respondents.