JOGINDER SINGH Vs. REGISTRAR, CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) The election of the Managing body of the Hardaspura Agricultural Co-operative Service Society, Hardaspura, village Kutba, Tehsil Malerkotla District Sangrur, was held on August 9, 1974. On September 9, 1974, ten persons claiming themselves to be the members of the Society filed a complaint before the Assistant Registrar, Co-operative Societies, Malerkotla, District Sangrur, alleging therein that the election had been conducted illegally. In particular they alleged that they had the desire to take part in the election but they could not do so because in the record of the Society they had been shown defaulters. It appears that on receipt of this complaint the Assistant Registrar, Co-operative Societies while exercising the powers of the Registrar, appointed Shri Sher Singh as Arbitrator under Sections 55/56 of the Punjab Co-operative Societies Act, 1961 , hereinafter called 'the Act' and the said Arbitrator sent the following notice to the Inspector, Co-operative Societies and endorsed copy of this letter to the President and Cashier of the Society :-

(2.) The order passed by the Arbitrator is being challenged in this petition on the ground that before proceedings to set aside the election of all the members, the Arbitrator was under a statutory obligation to serve a notice of his intention to do so on all the elected members of the Managing Body.

(3.) Though it was expressly averred in the petition that no notice was served on all the individual members, the Assistant Registrar, Co-operative Societies, who filed the return, merely replied to the relevant paras of the petition by stating that the complaint against the election had to be decided in view of the position existing on the record and for that reason the Arbitrator had summoned the persons concerned and the record. It has nowhere been stated on oath that every elected member of the Society was served to appear before the Arbitrator.