THE MANAGING COMMITTEE OF THE PATTI PRIMARY CO-OPERATIVE LAND MORTGAGE BANK LTD. PATTI Vs. THE STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) THIS petition has been filed by the Managing Committee of the Patti Primary Co -operative Land Mortgage Bank Ltd., Patti (hereinafter referred to as the Co - operative Society) through Shri Gursewak Singh, a member of the Managing Committee

(2.) THE brief facts of the case are that the election of this Managing Committee was conducted on September 30, 1973. This election was challenged in Civil Writ No. 3328 of 1973 and a stay order was granted by this Court and the Managing Committee was injected not to assume charge of its duties. After the dismissal of Civil Writ No. 3328 of 1973 on May 7, 1974, by Gujral, J. the charge of the Co -operative Society was banded over to the Managing Committee and it is after this date that the first meeting of the Managing Committee was held. The Assistant Registrar, Co -operative Societies, Tarn Taran, decided to hold elections in September, 1976. The Managing Committee has filed this petition on the ground that under Section 26 (IB) of the Punjab Co -operative Societies Act, 1961, the term of office of the committee shall be three years, and this term should be counted with effect from the date on which the Committee was allowed to function for the first time. On behalf of the Respondents, it is submitted that this statutory period of three years cannot be impliedly increased merely because the Committee was prevented to take charge of the office.

(3.) FOR the reasons mentioned above, I hold that the life of the Committee began on May 7, 1974, and it was entitled to function for a period of three years with effect from that date. The petition is accordingly allowed but in the circumstances of the ease with on order as to costs.