NARINDER SINGH Vs. STATE OF H P

JUDGEMENT

(1.) BY means of this petition, the petitioners who are the members of the Managing Committee of the Lalri Cooperative Agriculture Service Society (hereinafter referred to as the `Society') have challenged the order, Annexure P/1 whereby the Additional Registrar, Cooperative Societies, Dharamshala quashed the amendment made in the bye-laws of the Society and issued show cause notice based on such order.

(2.) BRIEFLY stated, the facts of the case are that as per the bye-laws of the Society, the value of each share was Rs.10/-. In a meeting of the General House allegedly held on 12.3.2008, this value was increased from Rs.10/- to Rs.1000/-. It is not disputed that this amendment to the bye-laws was duly accepted by the Assistant Registrar, Cooperative Societies. Thereafter, elections to the Managing Committee were held and only people who had shares worth Rs.1000/- and more were permitted to contest and take part in the elections. The petitioners were duly elected. It appears that some persons including the respondents Nos.5 and 6 had filed representations before the various authorities under the Cooperative Societies Act against the amendment in the bye-laws. When no action was taken on their representations, they filed a Writ Petition and this Writ Petition being CWP No.1811 of 2009 was disposed of on 23.11.2009 with a direction that the authorities to whom the representation was made shall decide the same and take a consequential decision within a period of eight weeks from 23.11.2009. It appears that such decision was not taken and thereafter, a Contempt Petition was filed. After the Contempt Petition was filed, the respondents passed the order, Annexure P/1 dated 21st June, 2010. According to the petitioners, this order has been passed in a hot haste and was only passed as a result of the pressure exerted due to the filing of the Contempt Petition.

(3.) A preliminary objection has been raised that this petition is not maintainable since the petitioners have an alternative efficacious remedy available to them.