JAGIR SINGH Vs. DEPUTY REGISTRAR, COOPERATIVE SOCIETIES, AMRITSAR

JUDGEMENT

(1.) The petitioners were elected as members of the Managing Committee, Valtoha Cooperative Agricultural Service Society Limited, Valtoha, Tehsil Patti, District Amritsar, on 22nd of June, 1975. On 19th May, 1976, a notice under section 27(1) of the Punjab Cooperative Societies Act, 1961 (hereinafter called 'the Act') was served on the petitioners and other officebearers. It was required by this notice to show cause as to why the Committee may not be removed. Copy of the notice is attached with the petition as Annexure 'P-1'. The petitioners filed a reply to the notice. Ultimately the petitioners' Committee was removed on 27th August 1976, vide copy Annexure 'P-9'. It is against this removal order that the present petition has been filed.

(2.) Various grounds were raised in the petition, but Mr. Harinder Singh, learned counsel for the petitioners, has confined his argument only to ground 18(f) which is in the following terms :-

(3.) A reading of the above provision shows that the consultation with the financing institution is mandatory before any action against the Committee can be taken. The consultation is not merely a formality, but it is to be an effective compliance. Such matter also arose earlier in Ajit Singh and others v. The State of Punjab and others, 1964 CurLJ 157, wherein it was held as under :-