DAULAT RAM Vs. THAKAR SINGH AND ORS.

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution filed by Daulat Ram, President of the Abohar Co -operative Marketing Society Ltd., Abohar, district Ferozepore, challenging the legality of the order, dated 31st July, 1967, passed by the Inspector,. Co -operative Societies, Abohar, Respondent No. 2.

(2.) THE Petitioner was elected director and president of the Abohar Co -operative Marketing Society Ltd., Abohar (hereinafter called the Abohar Society), in his capacity as a representative of his village society, namely Rajanwali Co -operative Agricultural Service Society (hereinafter referred to as the Rajanwali Society) of which also the Petitioner was the president. The Rajanwali society, due to some reasons, could not pay the dues of the Fazilka Co -operative Central Bank Ltd., Abohar Branch, for a short period, but according to the Petitioner, it made up the deficiency within about a fortnight and cleared the overdues amounting to Rs. 7,000 on 7th of August, 1967. On 31st of July, 1967, however, Respondent No. 2 sent the impugned order to the Manager of the Abohar Society informing him that the Petitioner had ceased to be the director of the said society. The order said:

(3.) FROM the impugned order quoted above, it would be apparent that according to Respondent No. 2, the Petitioner had ceased to be a director of the Abohar society under Rule 26(f) read with qualification (e) of the rules of election to the Managing Committee of the Co -operative Marketing/Marketing -cum -processing Societies in the Punjab (hereinafter referred to as the election rules). It is common ground that Rule 26(f) mentioned in the impugned order is of the Punjab Co -operative Societies Rules, 1963. It reads: