AMARJIT SINGH SAMRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner sought issuance of a writ of mandamus directing the respondents-authorties not to remove him as elected Director and Chairman of the Board of Directors of respondent-Markfed in terms of order dated 4.9.1997 (Annexure P-9) it being patently illeged, mala fide, unjust, arbitrary and without application of mind during the pendency of appeal filed by the petitioner before the Financial Commissioner and Secretary to Government of Punjab, Department of Co-operative-respondent No, 2, with a further prayer that respondents be prohibited to make appointment of new chairman in terms of Section 26(2) of the Punjab Co-operative Societies Act, 1961 (hereinafter referred to as the Act).

(2.) This petition came up for hearing before the division Bench on 22.9.1997 and the Court was pleased to issue notice of motion for 23.9.1997. On oral request, Shri Jagdish Singh Walla was permitted to be impleaded as respondent No, 8. By way of interim injunction, the Court ordered that petitioner would be allowed to continue as Chairman till further orders. On next date of hearing the petition was admitted and was ordered to be heard on 29,9.1997 at No. 1 on the list. The Court directed that the interim order dated 22,9.1997 regarding stay passed by the division Bench of Sarvashri N.C. Jain and Iqbal Singh, JJ. shall continue. Since respondent No. 1 had been appointed as Chairman of the Markfed, an application seeking amendment of the writ petition was filed which was allowed by the Court.

(3.) In the Amended writ petition, the petitioner seeks issuance of a writ in the nature of certiorari for quashing the order by which Shri Jagdish Singh Walia-respondent No, 8 has been appointed as Chairman of the Markfed aa well as a writ in the nature of mandamus directing the respondents the authorities not to remove the petitioner as elected Director and Chairman of the Board of Directors of respondent Markfed by staying the operation of the order dated 4.9.1997 (Annexure P-9) till the disposal of the appeal which is pending before the Financial Commissioner and Secretary, Government of Punjab, Department of Co-operation, with a further praying that respondents authorities as well as Jagdish Singh Walia be restrained not to interfere in the peaceful functioning of the petitioner as Chairman of the respondent the Markfed.