TEJINDER PAUL MANN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Quite a large number of points have been raised in this petition. We do not propose to consider all of them at the moment and wish to dispose of the petition on the following point only :-

(2.) The ad interim order had been passed in the absence of the petitioner. The power to pass such an order includes the power to withdraw or modify the same order after hearing the affected party. It makes no difference whether the earlier order has been passed by an officer of the coordinate jurisdiction. We accordingly set aside the order dated November 19, 1976 (Annexure P/5 with the writ petition) and direct respondent No. 2 to redecide the matter after hearing the petitioner.

(3.) It has been submitted on behalf of the petitioner that he is a candidate for the election to the office of the Chairman of the Karnal Central Cooperative Bank and if this election is held, he would lose a valuable right. On behalf of the respondents, it has been urged that the election to the office of the Chairman of the Karnal Central Cooperative Bank should not be postponed because that would seriously prejudice the interests of respondent No. 4. After giving a careful consideration to the argument advanced, we direct that the election to the office of the Chairman, Karnal Central Cooperative Bank, should not be held for a period of seven days or such time as the matter receives the attention of respondent No. 2, whichever is earlier. Parties through their counsel are directed to appear before the Joint Registrar, Cooperative Societies, Haryana (respondent No. 2), on December 20, 1976. For the sake of abundant caution, we wish to further clarify that it will be open to the Joint Registrar, Cooperative Societies (respondent No. 2), to stay or not to stay the election to the office of the Chairman of respondent No. 4.