DEVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INSTANT writ petition under Articles 226/227 of the Constitution of India has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 22.12.2014 (Annexure P -6) passed by the Special Secretary to Government of Punjab, Cooperation Department, Chandigarh, whereby election of the Managing Committee of the Society has been stayed.

(2.) BRIEF facts of the case are that Bharowal Kalan Cooperative Agriculture Service Society Ltd., Bharowal Kalan, Tehsil Jagraon, District Ludhiana (for short 'the Society') is a Cooperative Society registered under the provisions of the Punjab Cooperative Societies Act, 1961 (for short 'the Act'). The area of operation of the Society consists of two villages, namely, Bharowal Kalan and Lihan. There are total 509 members of the Society. Since the Society is a primary society, its membership consists exclusively of individual members. As per the provisions of Chapter -IV of the Act the management of the Society vests in its elected Managing Committee. Election of the Managing Committee of the Society was held on 29.12.2009; as such the tenure of five years of the Managing Committee expired on 28.12.2014 and election for the new Managing Committee was to be held. Under Section 26(1 -C) of the Act Managing Committee was required to make arrangement for the constitution of new Managing Committee 90 days before the expiry of term of existing Managing Committee as per the provisions of the Act, Rules and Bye -laws made thereunder. As per said provisions, Managing Committee of the Society prepared an election programme for holding the election of the Society on 28.10.2014 and sent the same for approval to the Assistant Registrar, Cooperative Societies and the same was approved on 01.10.2014 (Annexure P -1). Against the election programme, respondents No.4 and 5 along with 10 other members of the Society filed a revision petition before the Special Secretary, Cooperation, Punjab. Special Secretary vide impugned order dated 28.10.2014 (Annexure P -2) stayed the holding of election of the Society. Hence, this writ petition.

(3.) IN pursuance of the notice of motion, respondents No.4 to 7 filed joint written statement and respondent No.8 also filed its written statement. Other respondents did not choose to file written statement. Respondents No.4 to 7 contested the writ petition on the ground that authority has rightly allowed the revision petition by staying the election programme. Petitioners have not approached the Court of Special Secretary for vacation of stay orders, therefore, writ petition is not maintainable without first approaching the Special Secretary. Proper procedure had not been followed to prepare the election programme. Members were never made aware about the amendment in the bye -laws. The election was not being held in accordance with the provisions of the Act, Rules and Bye -laws. The voter list was not displayed as per law. It is further averred that there is no such law that election once stayed has to be started form the stage where it is stopped. Writ petition deserved to be dismissed.