SUKHDEV SINGH Vs. ASSISTANT REGISTRAR

JUDGEMENT

(1.) This writ petition has been filed by six members out of the total strength of the Nine, of the Nangal Kalan Co-operatve Agriculture Service Society Limited, Nangal Kalan, District Mansa(hereinafter referred to as 'the society') for issuance of a writ of certiorari quashing order dated 20th December, 1993, Annexure P-2, passed by the Assistant Registrar, Co-operative Societies, Mansa, exercising the powers of the Registrar, Co-operative Societies, Punjab, placing the Society under suspension during the pendency of inquiry and appointing one Hans Raj Bansal, Inspector, Co-operative Society, Phaphar Bahri, as the Administrator of the Society.

(2.) Elections to the Society were held on 30th July,1993. From the pleadings, it is apparent that six members of the Society, who have filed the present writ petition are on one side and the other three members of the Society are on the other side. A meeting of the Society was held on 24th September, 1993 for election of the office-bearers of the Society in which, as per allegations made in the petition, petitioner No. 1 was elected as its President and Petitioner No. 2 as its Vice President unanimously. This election was challenged by Mukhtiar Singh, one of the members of the Society belonging to the other group by filling a civil suit instead of an election petition. Along with the suit, an application under Order 39 Rules 1 and 2, Civil Procedure Code was filed seeking an ad-interim injunction restraining the office-bearers of the Society from holdings meeting secretly and illegally. Civil Court, vide its order dated 22nd September, 1993 (Copy Annexure P-1) issued an interim direction restraining the office-bearers of the Society from holding any meeting secretly and illegally in violation of the rules and regulations of the Punjab Co-operative Societies Act, 1961 , without due service of the notice of the proposed meeting upon Mukhtiar Singh and other members of the Society, as required under the law.

(3.) Assistant Registrar, Co-operative Societies, Mansa, interpreting this order to be that elected members of the Society cannot function as the civil Court had granted stay regarding their functioning, suspended the members of the society, vide order dated 20th December, 1993 Annexure P-2. As a result thereof, the functioning of the Society came to a virtual stand still. Inspector, Co-operative Societies, Phaphar Bhai, on 17th November, 1993, reported that due to party friction in the Society, fertilizers were not being brought for disbursement amongst its members. Keeping in view the report of the Inspector, Co-opeative Societies,Mansa, issued show cause notice to the members of the society to pass a resolution for bringing the fertilizers. During the pendency of this show cause notice the Society was ordered to be placed under suspension vide the impugned order dated 20th December, 1993, Annexure P-2. Aggrieved against this order, the petitioners have filed the present writ petition.