PRITHI CHAND Vs. REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution, arises under the following circumstances.

(2.) On 4-10-1956 A. D., petitioner Shri Prithi Chand was elected as one of the Directors of the Himachal Pradesh State Co-operative Bank Ltd. in accordance with the bye-laws of that Bank. By means of an application dated 12-1-1957 A. D., addressed to the Registrar, Co-operative Societies, Himachal Pradesh, one Shri Chet Ram Chandel, a shareholder of the above Bank, questioned the validity of Shri Prithi Chand's election as a Director, The Registrar, purporting, to exercise the powers, conferred upon him by S. 88 of the Himachal Pradesh Co-operative Societies Act, 1956 referred the dispute to the arbitration of Shri Nand Lal, District Audit Officer, Mahasu. On 18-7-1957, the arbitrator made an award, holding that the election of Shri Prithi Chand was invalid. Against that award, Prithi Chand filed an appeal to the Registrar, Co-operative Societies, under Section 113 of the Himachal Pradesh Coopera tive Societies Act, read with the Second Schedule thereto. On 17-1-1958, the appeal was dismissed by the Registrar. Hence, this writ petition by Prithi Chand, wherein I am requested to issue a writ of certiorari, quashing the orders of the Registrar (in appeal) and the award of the arbitrator.

(3.) This petition was admitted by this Court on 5-4-1958 mainly on the ground that the Registrar had wrongly interpreted bye-law 59(v) of the Bank.