SAUDAGAR SINGH Vs. REGISTRAR

JUDGEMENT

(1.) This writ petition has been filed under Articles 226 and 227 of the Constitution of India for quashing the order of the Assistant Registrar, Co-operative Societies, Jagraon, dated August 13, 1973, annexure 'C'.

(2.) Briefly the facts are that election to the managing committee of Kaunke Kalan Co-operative Agricultural Service Society, Kaunke Kalan (hereinafter referred to as the Society) was held on February 23, 1973. An application was filed by Pritam Singh for referring the dispute regarding the election to the arbitrator. The application was filed to Assistant Registrar Co-operative Societies, Jagraon at Ludhiana on March 28, 1973, who himself decided the same as arbitrator on August 13, 1973, and set aside the election of the managing committee of the society. The aforesaid order has been challenged inter alia on the ground that no notice of the proceedings was issued to the petitioner.

(3.) The only contention of the learned counsel for the petitioner is that it was incumbent on the arbitrator to have issued notice of the proceedings to the petitioner and that he could set aside the order after hearing him. In para 10 of the writ petition he had specifically stated that before passing the impugned order the Assistant Registrar did not summon him nor any notice was issued to him. In the return it has not been specifically stated that the writ petitioner had been served with a notice and that he was represented by a lawyer. An evasive reply has been given to para 10. Rule 53 of the Punjab Co-operative Societies Rules, 1961, clearly states that in an arbitration proceeding, the Registrar or the arbitrator, as the case may be, shall communicate the date, time and place of hearing the dispute to all the parties concerned. In the present case mandatory provision of rule 53 has not been followed. In the circumstances the impugned order is illegal and liable to be set aside.