JAGIT SINGH SANGWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) As common questions of law and facts are involved in all these petitions, we propose to decide the same by a common order. The learned Counsel representing the parties also suggest us likewise. Facts or deciding all these matters have, however, been extracted from CWP 16098 of 1997.

(2.) Jagjit Singh Sangwan, Director, HAFED, Charkhi Dadri, District Bhiwani with six other Directors of HAFED posted at various places in the State of Haryana through present petition filed by them under Article 226 of the Constitution of India seek issuance of writ in the nature of Certiorari so as to quash order dated 15-10-1997 vide which the petitioners have been removed as Members/Directors of the Managing Committee of the Haryana State Co-operative Supply and Marketing Federation Ltd., Chandigarh by removing the Managing Committee as such. The order aforesaid has been styled by the petitioners to be illegal being contrary to the provisions of Haryana Co-operative Societies Act, 1984 (hereinafter referred to as Act of 1984) as also contrary to the law laid down in Mani Ram v. State of Haryana, (1996) 1 Pun LR 45 : (AIR 1996 Punj and Har 92).

(3.) Before contentions raised in support of the petition are noticed, it shall be necessary to give a brief resume of the facts culminating into the filing of the present writ petition. All the petitioners are residents of Haryana and were elected members of the Managing Committee of Haryana State Co-operative Supply and Marketing Federation Ltd. (hereinafter referred to as the HAFED). For smooth running of the co-operative societies, an Act known as Punjab Co-operative Societies Act, 1961 (hereinafter referred to as Act of 1961) came into being. After the re-organisation of the State of Punjab, the Act was enforced in the State of Haryana as well. However, in 1984, the Government of Haryana framed Act of 1984 and made it applicable to territories forming part of Haryana State and the Punjab Co-operative Societies Act, 1961 and the Punjab Co-operative Agriculture Development Act, 1957 were repealed. Chapter-II of the Act of 1984 pertains to the registration of co-operative societies whereas Chapter-IV pertains to the management of co-operative societies. Section 28 of the Act pertains to election and tenure of the society and the same reads thus :-