PHOOL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) WHAT is challenged in this petition filed under Article 226 of the Constitution is the setting up of a committee by the Board of Directors of the Gurgaon Central Co-operative Bank Ltd. , Gurgaon (for short 'the Bank') for the recruitment of gunmen on the ground that the constitution of such a committee is in excess of the power of the Board of Directors.

(2.) THE Bank is Central Co-operative Society deemed to be registered under the Haryana Co-operative Societies Act, 1984. Elections to its Board of Directors were last held in December, 1993 and the petitioner was elected Chairman/president of the bank. According to Bye-law 42 of the Model bye-laws of the Bank the Board of Directors is required to elect from amongst its own members, Administrative Committee consisting of the President of the Board, one of the Government nominees, five Directors and one nominee of the registrar, Co-operative Societies. Such a committee was constituted by the Board of Directors in their meeting held on 9,7. 1994 with the petitioner as its Chairman. The powers of the Administrative Committee are prescribed in bye-law 42 which reads as under :" 43. Subject to the control of the Board of Directors the administrative committee shall exercise all or any of the following powers in respect of the staff of the Bank:

(3.) THE grievance of the petitioner is that the Administrative Committee of the Bank having been constituted of which he is the chairman, it is this Committee alone which has the power to appoint staff in the Bank and that the Board of Directors could not constitute another committee to recruit the gunmen. The resolution of the Board passed on 18. 7. 1997 is thus said to be in excess of the powers of the Board.