UKSI COOPERATIVE AGRICULTURAL SERVICE SOCIETIES UKSI Vs. ASSISTANT REGISTRAR, COOPERATIVE SOCIETIES, PACKAGE PROGRAMME, LUDHIANA

JUDGEMENT

(1.) The Uksi Co-operative Agricultural Service Society, Uksi, Tehsil and District Ludhiana (hereinafter referred to as the society) through its Cashier Sh. Malkiat Singh and Sh. Malkiat Singh Cashier of the Society, have filed this writ petition under Articles 226 and 227 of the Constitution of India for quashing the order dated 28.6.1976 vide which the Managing Committee of the Society, has been removed under section 27 of the Punjab Co-operative Societies Act (hereinafter referred to as the Act) on the grounds that the order, copy annexure P. 3 is not a speaking order that the same has been passed without application of mind that it is without jurisdiction, that it was passed mechanically, blindly relying on the ex-parte report of the Inspector, Co-operative Societies which was never brought to the notice of the Society, that the Society was not given an opportunity to meet the comments given by the Inspector, that no show cause notice was served upon the members of the Managing Committee individually, that no advice of the Board of Directors of the Bank was sought, that the Assistant Registrar, Co- operative Societies was not competent to exercise jurisdiction under section 27 of the Act, that the charges were wholly vague and that the Managing Committee was functioning rightly. The Assistant Registrar respondent No. 1, has not appeared in spite of service.

(2.) The Assistant Registrar, Co-operative Societies, P.P. Ludhiana, pointed out the following shortcomings regarding the work of the Society as reported by the Sub-Inspector and the Inspector Co-operative Societies who were incharge of this Society also :-

(3.) The Society, in its reply copy annexure P. 2 stated that it was not defaulter of Central Bank since 30.6.1972, that only the loan obtained for Rabi 1974-75 was due from the Society, that the Society had fixed the limit of cash in hand, that the construction of godown has already started that old loans were given 15 days, notice on 29.11.1975 and that the Society was discharging its duties in accordance with the bye-laws. It is further stated that by 28.2.1976 the Society would recover Rs. 60,000/- and that it will comply with the directions of the Department.