LODHIANA AGGARWALA CO-OPERATIVE HOUSE BUILDING SOCIETY LTD Vs. COMMISSIONER (APPEALS), JALANDAR DIVISION AND CO-OPERATION

JUDGEMENT

(1.) This petition has been filed under Article 226 of the constitution by the Ludhiana Aggarwala Co-operative House Buildine society, Aggar Nagar, Ludhiana (for short, the Society) challenging the orders of the Assistant Registrar, Co-operative Societies, Ludhiana and affirmed on appeal by the Commissioner (Appeals) exercising the powers of the State Government whereby the resolution passed by the General Body of the Society removing Shri Amrit Lal Aggarwal (respondent 3) from the primary membership of the society has bsen set aside.

(2.) Elections of the Managing Committee of the society took place on may 11, 1986 and its office bearers were elected on June 3, 1986 Respondent 3 who was a member of the society, was elected its President, In a meeting held on May 15, 1988 the Managing Committe removed respondent 3 from the Presidentship. Thereafter the General Body of the society in its meeting held on July 10, 1988 expelled respondent 3 from its primary membership. This resolution of the General Body meeting was challenged by respondent 3 in an appeal filed before the Additional Registrar, Co-operative societies and the same was accepted on September 5, 1988, it being held that the quorum of the meeting in terms of bye law 11 (L) of the bye laws of the society was not complete. The Additional Registrar after setting aside the resolution of the general Body remanded the case back to it leaving it open to pass a fresh resolution, if so advised, in accordance with law. The General Body of the society again met on September 18, 1988 and by a unanimous resolution expelled respondent 3 from its primary membership. This time the quorum was complete. The General Body found that respondent 3 along with one shri M. M. Aggarwal was guilty of acts of commission and omission which were unlawful and that they had both acted dishonestly against the interest of the society which adversely affected its reputation. It is for this reason that respondent 3 was expelled after a show cause notice had been served on him in response to which he allegdly did not appear. It may be mentioned that,it on a complaint received from one Shri Mangat Rai, regarding some irregularties committed in the meeting of the society, Shri amarjit Singh Gill, Assistant Registrar, Co-operative Societies, Ludhiana conducted a fact finding inquiry and found several irregularities committed by the Administrator during the period June, 1984 to June, 1986. The allegation was that respondent 3 was also responsible for the demolition of servant quarters and for allotment of that land to some members of the society at a throw away pried thereby causing phenomenal loss to the society.

(3.) Being aggrieved by the resolution dated September 18, 1988 removing him from the membership of the society, respondent 3 filed an appeal before the Assistant Registrar. Co-operative Societies, Ludhiana who accepted the same on June 20,1991 (Annexure P-6 with the writ petition) and held that respondent 3 had not been found guilty of any lapses by the enquiry Officer (Shri Amarjit Singh Gill). Against the ordei of the Assistant registrar, the society filed a revision petition before the State Government under Section 60 of the Punjab Co-operative Societies Act, 1961 and the same was dismissed on August 17, 1993. A copy of this order is Annexure p-7 with the writ petition. Both these orders Annexures P6 and P7 have been impugned in the present writ petition. When this case came up for hearing before me on September 21, 1995, the learned counsel for respondent 3 produced in Court a copy of the report submitted by Shri Amarjit Singh Gill in which the said respondent stood exonerated of the charges levelled against him. After going through the said inquiry report, I was not satisfied with the same. What was contended before me was that respondent 3 who was acting as an Advisor to the Administrator was responsible in getting the servant quarter demolished and having that land allotted to some of his own persons who had recently been enrolled as members of the society.