JAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners, who are six in number were elected as the Directors of the Haryana State Co-operative Bank Ltd., Chandigarh, hereinafter referred to as the 'Harco Bank', in June 1975, being representatives of certain affiliated Central Co-operative Banks. After their election, the terms of the Managing Committees of such affiliated Central Co-operative Banks expired, and since the elections were not held to such committees of those Banks, so the Registrar, respondent No. 2 either appointed Administrators to manage the affairs of such Central Co-operative Banks or appointed committees under Section 26A of The Punjab Co-operative Societies Act, 1961 (Punjab Act XXV of 1961) hereinafter referred to as the Act. Respondent No. 2, the Registrar, served notices under Rule 26(f) of the Punjab Co-operative Societies Rules, 1963 , hereinafter referred to as the Rules, requiring them to show as to why they referred to as the Rules, requiring them to show cause as to why they should not be ceased from the Directorship of the Harco Bank. The petitioners showed cause and respondent No. 2, on 3.8.1977, passed orders, specimen whereof runs as under :-

(2.) Rule 26(f) of the Rules reads as under : "26. Cessation of membership of committee. - A member of the committee shall cease to hold his office as such if he :-

(3.) By-law 31 of the By-laws, which provides as to who could be a Director of the Harco Bank, is in these terms :