KRISHNA Vs. SAROJ AND OTHERS

JUDGEMENT

(1.) The present Letters Patent Appeal under Clause X of the Letters Patent is directed against an order passed by learned Single Bench of this Court on 11.09.2015 whereby the writ petition filed by respondent No.1 was allowed and the order dated 03.09.2015 passed by the State Government was set aside.

(2.) The appellant was one of the Members of the Board of Directors of Jind Cooperative Sugar Mills Limited, Jind. The appellant and all other Members of the Board were debarred from contesting elections for the reason that the Board has failed to take steps for conduct of the elections before the expiry of the term of the Board of Directors in terms of Sec. 28 of Haryana Co-operative Societies Act 1984. A perusal of the order passed by the Deputy Registrar on 19.09.2014 (Annexure P-2) debarring the appellant shows that the appellant has not filed reply to the show cause notice within the stipulated time. It is admitted that the elections were not convened before the expiry of the term of the Board of Directors.

(3.) Aggrieved against the order of Deputy Registrar (Annexure P- 2), the appellant filed an appeal before the Registrar, Cooperative Societies, Haryana, though the appeal was not maintainable before the Registrar as the Deputy Registrar Was exercising the powers of the Registrar. In terms of the appeal filed, the Registrar, Cooperative Societies has granted stay on 25.03.2015 and thereafter the elections were conducted on 09.04.2015 wherein the appellant was elected as a Member of the Board of Directors of the Sugar Mill. It was the revision which was then preferred before the State Government in terms of Sec. 115 of the Haryana Cooperative Societies Act, 1984 (for short 'the Act'). It is thereafter, the order of the State Government and conduct of the elections was challenged by respondent No.1 in a writ petition, the writ petition stands allowed by the order impugned in the present appeal.