MOHAN LAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) This order shall dispose of a bunch of five writ petitions bearing CWP Nos. 20045 of 2014, 9608, 10033, 13804 and 14352 of 2015 as the question of law involved in all the cases is common. However, for the sake of convenience, CWP No. 20045 of 2014 is being kept as the lead case for the purpose of narrating the facts. In short, the petitioner was a member of the Managing Committee of the Sirsa Central Cooperative Bank Limited, Sirsa (hereinafter referred to as the "Central Bank"). The Managing Committee of the Central Bank held a meeting on 18.10.2010 to consider the nomination of one of its members to the Board of Directors of the Haryana State Cooperative Apex Bank Limited (hereinafter referred to as "HARCO Bank"). The resolution was passed and it was resolved that the petitioner, who was the Director of the Central Bank at that time, be nominated as member of the Board of Directors of the HARCO Bank. After the resolution was passed, the Central Bank informed the HARCO Bank, vide its letter dated 20.10.2010, that the petitioner, being the Director and representative of the Central Bank, has been nominated as member of the Board of Directors of the HARCO Bank. No doubt that the term of the Board of Directors of the HARCO Bank, to which the petitioner was nominated as a member, was of five years, however, the term of the Managing Committee of the Central Bank, of which the petitioner was the Director, had expired on 18.07.2014. As a result thereof, the petitioner was not called in the meetings of the Board of Directors of the HARCO Bank as no agenda was served upon him. Hence, the present petition has been filed by the petitioner, assailing the action on the part of the HARCO Bank.

(2.) At the time of notice of motion, it was ordered by this Court that if any such meeting is held by the HARCO Bank, the petitioner would be at liberty to participate in such meetings, subject to the decision of the present writ petition.

(3.) Counsel for the petitioner has argued that the petitioner can be removed from the membership of the Board of Directors of the HARCO Bank only in terms of Rule 28 of the Haryana Cooperative Societies Rules, 1984 (hereinafter referred to as the "Rules"). It is also submitted that otherwise, the petitioner could have been removed in terms of Sec. 35 of the Haryana Cooperative Societies Act, 1984 (hereinafter referred to as "Act").