GORA SINGH Vs. REGISTRAR COOPERATIVE SOCIETIES

JUDGEMENT

(1.) The petitioners who are the members of the Managing Committee of the Giddarbaha Co -operative Marketing -cum -processing Society, Giddarbaha (hereinafter referred to as 'the society') impugn the show cause notice and the order of suspension passed by the Deputy Registrar, Cooperative Societies, Faridkot. A few facts as relevant for the decision of this controversy may be briefly noticed.

(2.) Petitioner No. 1 was elected as a Chairman while petitioners Nos. 2 and 3 were elected as Directors of the Society. While they were functioning as such, the Deputy Registrar gave a show case notice to the President of the Society calling upon him "to show cause why the managing committee be not suspended Under Sec. 27(2) of the Cooperative Societies Act." A reply to this notice was given on August 2, 1993. However, even before the submission of the reply, vide order dated July 19, 1993, the Deputy Registrar suspended the managing committee Under Sec. 27(2) of the Act and appointed Shri Surjit Singh, Assistant Registrar, Cooperative Societies, Mukatsar as its Administrator. The petitioner No. 1 challenged this order by filing an appeal before the Registrar, cooperative Societies. It was dismissed vide order dated September 14, 1993 a copy of which has been produced as Annexure P -5 with the writ petition. Aggrieved by the action of the respondents, the petitioners have approached this Court through the present writ petition. The impugned orders have been challenged on a number of grounds. It has been inter alia averred that the action has been taken on account of wholly extraneous considerations and is beyond the provisions of Sec. 27 of the Act.

(3.) In the written statement filed on behalf of the respondents, the various grounds in the writ petition have been controverted. It has been inter alia averred that the action of the respondents is neither arbitrary nor malafide. Respondent No. 5 has also filed a separate affidavit denying the allegations made against him.