HARMOHONDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition, challenge is to order No. 26/192/ 97C-2(3)/13796 dated 22.9.1997 (Annexures P-2) whereby respondent No. 4, Jagdish Singh Walia is sought to be appointed as Chairman of the Board of Director of the Punjab State Co-operative Supply and Marketing Federation Limited (hereinafter referred to as the Markfed). Challenge is also to order No. 26/173/96-CII(3)/13900 dated 22.9.1997 (Annexure P-3) vide which services of respondent No. 5, S.S. Brar, have been placed at the disposal of Board of Directors of Markfed for appointing him as Managing Director of the Markfed.

(2.) At the threshold, it has been contended by counsel for the petitioners that removal of Amarjit Singh Samra as Chairman of the Board of Directors of Markfed and in consequence thereof appointment of respondent No. 4 as Chairman of Markfed is subject-matter of Civil Writ Petition No. 14053 of 1997 and therefore, the parties may be relegated to agitate the appointment of respondent No. 4 as Chairman, in the said writ petition. In view of this contention, we pass no order as regards order No. 26/192/97C-2(3)/13796 dated 22.9.1997 whereby respondent No. 4 has been appointed as Chairman of Board of Directors by the Government in exercise of powers conferred under Section 26(2)(a) of the Punjab State Co-operative Societies Act, 1961 (hereinafter referred to as 1961, Act).

(3.) As regards order No. 26/173/96-CII(3}/1390 dated 22.9.1997 vide which services of respondent No. 5 have been placed at the disposal of Board of Directors, Markfed, for appointing him as Managing Director of the Markfed, challenge is on the ground that under Section 26(2) of the 1961 Act, the State has the power to appoint either the Managing Director or the Chairman of the Board of Directors. It cannot appoint both. It has been contended that since S.S. Brar was earlier appointed as Managing Director, Markfed, in the year 1996, the State could not appoint respondent No. 4 as Chairman. It has also been contended that once S.S. Brar under Section 26(2) of the 1961 Act, no second order placing his services at the disposal of Board of Directors of Markfed, could have been passed.