BALWINDER SINGH Vs. REGISTRAR CO OPERATIVE SOC PUNJAB

JUDGEMENT

(1.) The only controversy raised in this writ petition is to the co-option of respondents 4 and 5 on the ground that the meeting of the society in which they were co-opted did not have the requisite quorum.

(2.) Bye-law 30 of the Bye-laws of the Marketing Society which governs the constitution of the Managing Committee of the Society reads thus :

(3.) Admittedly, no member had been nominated by the State Government at the relevant time on the Managing Committee and nomination papers of individual share holders who sought election to the Managing Committee of the Society from out of the quota of individual shareholders under clause (ii) of Bye-law 30 were rejected. Petitioner and two others were elected out of the representatives of the Society on 1-3-1994. Since only three members were elected to the Managing Committee of the Society under clause (iii) aforesaid, the Managing of the Society called a meeting of the Society for 19-3-1994 for co-opting two members on the Managing Committee under clause (iv) of Bye-law 30 and for election of the office bearers i.e. the President and the Vice President. Notice of the meeting was given to all the three elected members but the petitioner did not attend that meeting and other two members co-opted respondents 4 and 5 on the Managing Committee of the Society and they also elected the President and the Vice President.