LAWS(P&H)-2019-7-38

RANBIR SINGH Vs. STATE OF HARYANA

Decided On July 15, 2019
RANBIR SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) In this writ petition, challenge is to the letter dated 23.07.2018 (Annexure P-1), whereby, notice/agenda for holding the meeting on 07.08.2018 at 11 AM at Garhi Birbal PACS Limited, Tehsil Indri, District Karnal, had been issued, on the ground that the mandatory period of holding the meeting has not been followed as clear 15 days notice has not been given to the petitioner and he has received the notice on 27.07.2018 for meeting to be held on 07.08.2018.

(2.) It is an admitted position as per the reply which has been filed by respondent No.2 - Deputy Registrar Cooperative Societies, Karnal, that the petitioner had filed an application/petition on 30.07.2018 for cancellation of the meeting dated 07.08.2018 of the Managing Committee of Garhi Birbal PACS Ltd., Garhi Birbal, (hereinafter referred to as 'Society') called by the Presiding Officer, Inspector Cooperative Societies, Indri, District Karnal - respondent No.4. Date of hearing of the application was fixed on 06.08.2018 and the notice to this effect was also sent vide letter dated 01.08.2018. Despite service, none had put in appearance on behalf of Society, although representative of the petitioner as well as the Presiding Officer were present. Thereafter, this Court, vide order dated 06.08.2018, had issued notice and passed an interim order. On issuance of the interim order, the Deputy Registrar did not further proceed with the application/petition, dated 30.07.2018, filed by the petitioner.

(3.) It is apparent from the reply which has been filed that petitioner had approached the Competent Authority well in time and even a day prior to holding of the meeting, when the case was to be heard, parties were duly served but the matter could not be taken up because of the absence of the representative of Society - respondent No.5. The order which has been passed by this Court on 06.08.2018 is a conditional order, according to which, meeting as scheduled on 07.08.2018 was to go on but the decision taken therein would be subject to the outcome of the writ petition.