KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the case of Dhan Singh v. State of Punjab and Ors., (1989 P.L.J 413), while considering the provisions of the Punjab State Cooperative Land Mortgage Bank Bye-laws and The Punjab Cooperative Societies Act, 1961, Hon'ble Mr. Justice A.L. Bahri took the view, that if a person at the time of his election as a representative, satisfies the qualification of being a member of the Managing Committee of affiliated primary society, but later on earns disqualification or ceases to be the member of the Managing Committee of affiliated primary society, such person would automatically cease to be the Director of the Apex Central body, irrespective of the prescribed terms, as provided in Section 26(1)(b) of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as the Act). This view was reiterated by a Division bench of this Court with approval in the case of Mithu Singh @ Iqbal Singh v. State of Punjab and Ors., (1994-3)105 P.L.R. 619.

(2.) However, Hon'ble Mr. Justice A.L. Bahri, while sitting in a Division Bench and considering the present case (Kulwant Singh v. State of Punjab and Ors.), expressed a doubt about the correctness of law settled in the aforementioned cases. His Lordship observed that the view taken in Mithu Singh's case (supra) had not considered the impact and effect of Section 19(2) of the Act. Being members of co-ordinate bench, their Lordships considered the need for referring the matter to a larger bench. Thus, the Division Bench on 25th January, 1994 passed the following order:-

(3.) In furtherance to the above order, Hon'ble the Chief Justice directed the matter to be listed before the Full Bench. Before, we travel into the legal controversies arising in the present case, references to the basic facts would be necessary.