MALIK SINGH KANG Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this bunch of 26 Civil Writ Petition Nos. 61 of 1989, 1218, 1267, 1738, 2418, 2423, 2424, 2830, 2890, 3843, 4274, 4311, 4391 4585, 4836, 4849, 5769, 6049, 6051, 6701, 7934, 8224 of 1988,359, 5622 and 8303 of 1989 the challenge is to the vires of the Haryana Cooperative Societies (Amendment) Act, 1987 (Haryana Act No. 7 of 1988). The petitioners were elected to the managing committees of the various Cooperative Societies in the State of Haryana in the election held on different dates mostly during the years 1984 and 1985 or later. These elections were held under the provisions of the Haryana Cooperative Societies Act, 1984 before January 12, 1988 when the Amending Act of 1987 came into force.

(2.) The Haryana Legislature enacted the Haryana Cooperative Societies Amendment) Act, 1987 (Haryana Act No. 7 of 1988) (hereinafter referred to as 'the Amending Act of 1987). By section 2 of the Amending Act sub-section (4) of section 28 of the Haryana Cooperative Societies Act, 1984 , section was amended so as to fix a period of three years as a term for the managing committee. The second proviso laid down that if term of a committee already constituted had not exceeded three years it shall cease to function on the completion of three years and where it had exceeded three years it shall cease to function on the commencement of the said Amending Act, 1987.

(3.) Section 33 of the Act was also amended. It relates to the maximum period for which an Administrator could be appointed in place of the managing committee. The Government was empowered to extend the initial period of one year upto four years but not more than a year at a time. Under the Principal Act the Administrator could be appointed for the initial six months by the Registrar Cooperative Societies and the said period was extendable by one term of six months by the Registrar.