BHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, three writ petitions (Nos. 350, 429 and 632 of 1987) are being disposed of as common questions of fact and law are involved. The main judgment is being prepared in Civil Writ Petition No. 429 of 1987.

(2.) In this writ petition filed under Articles 226 and 227 of the Constitution, Bhan Singh prays for issuing writ, direction or order quashing order dated 29.12.1986 Annexure P-6 whereby the petitioner was made to cease member of the Board of Directors of Punjab State Co-operative Land Mortgage Bank under rule 26(f) of the Punjab Co-operative Societies Rules, 1963 , read with bye-law 33(g) as framed by the aforesaid Bank (the Apex Society). The petitioner also claims a declaration that bye-law 33(g) is ultra vires and unconstitutional and is inconsistent to the provisions of section 26(1B) of the Punjab State Co-operative Societies Act, 1961 (hereinafter called the Act). Similar declaration is claimed for section 10-A of the Act. Finally, declaration has been claimed that the petitioner continues to be elected member of the Board of Directors of the Apex Society till the expiry 3 years from the date of first meeting of the Board of Directors held on August 29, 1986.

(3.) The Apex Society came into existence under the Punjab Co-operative Land Mortgage Bank Act, which is supplement to the provisions of the Punjab Co-operative Societies Act. The members of the Board of Directors are elected from the representatives duly appointed by the Primary Co-operative Agricultural Development Banks (hereinafter called the Primary Society). As per bye-laws of the Primary Society, members of the Managing Committee are elected and one of the members of the Managing Committee is nominated to represent the Primary Society in the election of members of the Board of Directors of the Apex Society. Bhan Singh petitioner was so nominated, being member of the Managing Committee of the Primary Society, to represent the said Society in the election of members of the Board of Directors of the Apex Society and he was so elected on January, 29, 1986. First meeting of the members of the Board of Directors was held on August 29, 1986. Subsequently, election of members of the Managing Committee of the Primary Society of which Bhan Singh was elected as member was held. Bhan Singh ceased to be member of the Managing Committee. Notice Annexure P-4 was issued to Bhan Singh petitioner that since he had failed to be elected as member of the Managing Committee of the Primary Society, he should cease to be member of the Board of Directors of the Apex Society. Reply to the show cause notice, Annexure P-5, was submitted and after consideration of the same, the impugned order Annexure P-6 was passed which is under challenge.