DHURKOT RANSINH COOPERATIVE AGRICULTURAL SERVICE SOCIETY LIMITED Vs. REGISTRAR, COOPERATIVE SOCITIES, PUNJAB

JUDGEMENT

(1.) THE main question which requires adjudication in this petition relates to the legality of enrolment of respondent Nos. 9 to 30 as member sof the Moga Cental Cooperative Bank Limited, Moga (hearinafter referred to as , the respondent -bank'). FACTS :

(2.) THE petitioners are Agricultural Cooperative Societies registered under the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as 'the Act'). They are seeking to challenge the induction of respondent Nos. 9 to 30 on the rolls of the respondent -bank. The petitioners have prayed for quashing of resolutions, Annexures -P.4 to P.6, passed by the respondent - bank for induction of respondent Nos. 9 to 30. Case set up by the petitioners is that after the expiry of term of the elected Board of Directors, an Administrator was appointed to manage the affairs of the respondent -bank and after the expiry of the tenure of the Administrator, a Supervisory Officer came to be appointed for the purpose of holding elections of the new Managing Committee i.e. the Board of Directors of the respondent -bank. Petitioners have pleaded that the respondent -bank is divided into four blocks, namely, Moga -I, Moga -II, Nihalsinghwala and Bagha Purana. It has also been pleaded by the petitioners that in clear disregard of the instructions issued by the Registrar, Cooperative Societies, Punjab vide circular dated 13.5.1993, the respondent - bank has, with the approval of the Supervisiory Officer, enrolled as many as 22 Cooperative Societies as members of the respondent -bank and these illegally inducted members are being allowed to take part in the elections to the Managing Committee. Petitioners say that due to unlawful induction of 22 Cooperative Societies as members of the respondent -bank, the electoral college meant for election to the Managing Committee of the respondent -bank has been seriously distrubed. The petitioners have placed reliance on the decisions of this court in B.K. Arora v. U.T. Administration, Chandigarh, 1994 PLJ 68 and C.W.P. No.16086 of 1993 (Jaswant Singh Gill v. Registrar, Cooperative Societies, Punjab.), to support their contention that the Supervisory Officer of the respondent -bank has no jurisdiction to approve the enrolment of new members. Reliance has also been placed by the petitioner on Annexure -P.2 to contend that although as per Government instructions not more than two Fruit and Vegetables Marketing Societies can be registered within a district in a period of one year, as many as 22 societies have been enrolled as members of the respondent -bank in one year.

(3.) THE respondents have contested the writ petition on the ground of availability of alternative remedy under Section 15B(ii) of the Act. They have also challenged the maintainability of the writ petition on the ground that the respondent -bank is not a 'State' within the meaning of Article 12 of the Constitution of India. The respondents have also pleaded that the main objects of the respondent -bank are to carry on banking and credit business; to provide credit facilities to its members; to encourage thrift and savings among its members etc. and, therefore, its membership is governed by section 15B of the Act and the general provision regarding enrolment of members of Cooperative Societies are not applicable in its, case.