RAJESH KUMAR PATIYAL Vs. STATE OF H.P.

JUDGEMENT

(1.) Since common questions of law and facts are involved in both these petitions, therefore, the same were taken up together for consideration and are being disposed of by a common judgment.

(2.) The only difference in both these petitions is that the petitioners in CWP No. 1200 of 2019 are the Members of The Talai, Gram Sewa Sabha Samiti, Talai i.e. respondent No.4-Society, whereas the petitioner in CWP No. 1224 of 2019 is the former Secretary of respondent No.4-Society. The prayers made in both these petitions are common and read as under:

(3.) The undisputed facts lie in a narrow compass. The elected Managing Committee of respondent No.4-Society had vide resolution No. 1313 dated 19.1.2019 resolved to request the respondent No.3 to appoint Departmental Administrator in the Society to run its day to day affairs. However, respondent No.3 without taking any cognizance of the above referred resolution of the Society, issued show cause notice dated 8.3.2019 and 13.3.2019 to the then Managing Committee. The reply was filed by the then Managing Committee jointly as well as individually and not being satisfied with the said replies, respondent No.3 ordered the removal of the elected Managing Committee by invoking the provisions of Section 37 (1) (a) of the H.P. Cooperative Societies Act, 1968 (for short Act) vide its order dated 28.3.2019.