AJAIB SINGH Vs. CO-OPERATIVE SOCIETIES, PUNJAB

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been filed for quashing the order of the Assistant Registrar, Co-operative Societies, Jagraon at Ludhiana, respondent 3 dated October 5, 1973 by which he set aside the election of the Managing Committee of the Roomi Co-operative Agricultural Service Society Ltd. Roomi, tehsil Jagraon District Ludhiana (hereinafter referred to as the Society).

(2.) Briefly the facts are that the election of the Managing Committee of the Society was held on August 11, 1973 in which the petitioners and respondents 6 to 10 were elected as members. Against the election a complaint was filed to the Registrar, Co-operative Societies by Bhag Singh and some other respondents praying that the election proceedings be cancelled. Thereafter respondent No. 3 cancelled the election by his order dated October 5, 1973 annexure 'C'. The petitioners have filed this writ petition challenging the aforesaid order.

(3.) It is contended by the learned counsel for the writ petitioners that the petitioners whose election has been set aside, were never served any notice before the passing of the impugned order. He further submits that even they were not made parties is that complaint. The learned counsel for the respondents has submitted that notice was issued to the President of the Society and that was sufficient notice. Under sub-rule (2) of rule 12 of Appendix 'C' to the Punjab Co-operative Societies Rules, 1963 (hereinafter referred as the Rules), it is necessary that in case of dispute regarding the election, the matter has to be referred to the Registrar in the same manner as provided in rule 51 of the Rules. Rule 51 requires that the party should apply to the Registrar in writing stating the substance of the dispute and the names and addresses of the other parties. According to rule 53, the Registrar in arbitration proceedings is required to communicate the date, time and place of hearing the dispute to all the parties concerned. The petitioners and the other elected members of the Committee were necessary parties to the complaint. At the decision has been taken at their back, therefore, it is illegal, being not according to the aforesaid Rules. Even otherwise the procedure adopted by the Registrar is against the principles of natural justice according to which no person can be condemned unheard. The service on the President of the Society does not amount to service of all members according to the Rules or the principles of natural justice. The order passed by respondent 3 is, therefore, illegal and liable to be set aside.