STATE OF PUNJAB Vs. MANAGING COMMITTEE

JUDGEMENT

(1.) The only point involved in this letters patent appeal is whether the tenure of a Managing Committee of a Co-operative Society would start from the date of election or from the date of assuming charge thereof.

(2.) The Managing Committee of the Patti Primary Co-operative Land Mortgage Bank Ltd., Patti (hereinafter called the Bank), was elected on 30th of September, 1973, and before the Managing Committee could assume charge, Civil Writ No. 3328 of 1973 was filed in this Court challenging the election of the Managing Committee in which, at the motion stage, an order was passed by this Court injuncting the Managing Committee from assuming charge of the Managing Committee. The injunction order was confirmed till the final disposal of the writ petition and ultimately the writ petition was dismissed by a learned Judge of this Court on 7th of May, 1974. Thereafter, the Managing Committee assumed charge and started functioning.

(3.) On 15th of May, 1975, the Managing Committee filed CWP No. 2725 of 1975 in this Court under Articles 226 and 227 of the Constitution of India for seeking a direction that the three years' term of the Managing Committee would begin from 7th of May, 1974, when the writ petition was dismissed by this Court and not from 30th of September, 1973, when the election of the Managing Committee was held. In the body of the petition it was high-lighted that the period of three years, as contained in Section 26(IB) of the Punjab Co-operative Societies Act, 1961 (hereinafter called the Act), would commence not from the date of election but from the date the Managing Committee assumed charge by holding its first meeting.