Research › Search › Judgment

Punjab High Court · body

2001 DIGILAW 271 (PNJ)

Joginder Muni Chela Saint Narain Muni v. Special Secretary Co-operation (Appeals) Punjab

2001-02-27

MEHTAB S.GILL

body2001
JUDGMENT Mehtab S. Gill J. - The petitioners have prayed for issuance of a writ in the nature for Certiorari for quashing orders dated 7.4.1999, Annexure P5, 8.4.1999, Annexure P6 and 15.2.2000, Annexure P-8. 2. It has been averred in the petition that elections to the Managing Committee of the Kailpur Dumb Co-operative Agricultural Service Society Limited, Kailpur Dumb (hereinafter called the Society) were held on 30.11.1998 in which nine persons were elected as members of the Managing Committee of the Society. The majority of the members had allegiance to the petitioners. The election of the office bearers, was held on 15.12.1998 in which posts of President and Vice President were won by the supporters of the petitioners, Shri Balbir Singh was elected as the President and Shri Jagdev Singh as Vice President of the Society. It has been further averred that to reduce the majority of the petitioners into a minority a show cause notice was issued to the petitioners by the Assistant Registrar, Co-operative Societies, Mansa for their removal as members of the Managing Committee of the Society. This show cause notice dated 8.2.1999 was issued under Section 27 of the Punjab Co-operative Societies Act, 1961 (hereinafter referred to as the Act). A copy of show cause notice has been attached as Annexure P1 with this writ petition. A perusal of the show cause notice shows that it was issued on the ground that the petitioners are not owners of any land. They have got their Maximum Credit Limit (hereinafter called MCL) fixed wrongly. This was factually wrong. The MCL was fixed with the approval of Assistant Registrars, Co-operative Societies, Mansa on 23.10.1998 whereas elections to the Managing Committee of the Society took place on 30.11.1998. It has been further averred that the petitioners are in cultivating possession of agriculture land for the last many years and their MCL is being fixed regularly. They had been advanced loans from time to time. It has been further averred that MCL is fixed by the general body of the Society. If a wrong MCL was prepared, the Registrar was competent not to approve the same. 3. Notice of motion was issued. 4. Respondent Nos. 1 and 2 filed their reply in which they have stated that the suspension of the petitioners was legal and according to Rules and Bye-laws laid down in the Punjab Co-operative Societies Act, 1961. 5. If a wrong MCL was prepared, the Registrar was competent not to approve the same. 3. Notice of motion was issued. 4. Respondent Nos. 1 and 2 filed their reply in which they have stated that the suspension of the petitioners was legal and according to Rules and Bye-laws laid down in the Punjab Co-operative Societies Act, 1961. 5. I have heard counsel for the petitioners and the counsel for the respondents. Counsel for the petitioners have vehemently argued that elections to the Managing Committee had taken place on 30.11.1998 and the MCL of the petitioners was sanctioned on 23.10.1998, much before the elections. This argument of the petitioners had been rebutted by the counsel for the respondents by stating that even though MCL was sanctioned prior to the elections, the Registrar is competent to remove the members from the membership of the Society if they are not owners of any agriculture land. 6. Show caused notice Annexure P1, was issued to the petitioners on 8.2.1999 after they had assumed charge of the Managing Committee. MCL was fixed exactly one month and seven days prior to the elections to the Managing Committee of the Society. Till the time the show cause notice was issued, the petitioners were availing the facility of MCL not for a few months before the election of the Managing Committee but for more than ten years. This is amply clear from the document, Anneuxre P-3 wherein petitioner-Sukhdev Singh has said so and this letter has gone unrebutted by the State. My attention was drawn to Anneuxre P2, which is a letter by the Registrar, Co-operative Societies, Punjab, Chandigarh to all the Joint Registrars, Deputy Registrars and Assistant Registrars regarding preparation of MCL for landless farmers. it has been stated therein that the persons who are farmers on tenancy/landless members and whose names were recorded in the Fard Jamabandi or Khasra Girdawari be also give the facility of MCL. Even taking that the petitioners do not have any land, still as per the letter dated 29.9.1995, Annexure P-2, they will be entitled to have MCL. 7. The members of the Managing Committee, can only be removed as per Section 27 of the Act. Section 27 is reproduced as under : "27. Even taking that the petitioners do not have any land, still as per the letter dated 29.9.1995, Annexure P-2, they will be entitled to have MCL. 7. The members of the Managing Committee, can only be removed as per Section 27 of the Act. Section 27 is reproduced as under : "27. Removal or suspension of committee or number thereof, - (1) If, in the opinion of the Registrar a committee or any member of a committee, persistently makes default or is negligent in the performance of the duties imposed on it or him by this Act or the rules or bye-laws made thereunder, or commits any act which is prejudicial to the interests of the society or its members, or makes default in the implementation, production or development programme undertaken by the Co-operative Society, the Registrar may, after giving the committee or the members, as the case may be, a reasonable opportunity to state its or his objections, if any, by order in writing : (a) remove committee and appoint a Government servant as an Administrator, to manage the affairs of the society for a period not exceeding one year as may be specified in the order; (b) remove the member and get the vacancy filled up for the remaining period of the outgoing member, according to the provisions of the Act and Rules and by-laws made thereunder. (2) Where the Registrar, while proceeding to take action under Sub-section (1) is of opinion that suspension of the Committee or member during the period of proceedings is necessary in the interest of the co-operative society, he may suspend the committee or member as the case may be, and where the committee is suspended, make such arrangements as he thinks proper for the management of the affairs of the society till the proceedings are completed : Provided that if the committee or member so suspended is not removed, it or he shall be reinstated and the period of suspension shall count towards its or his term." 7. The members of the Managing Committee, can only be removed as per Section 27 of the Act. Section 27 is reproduced as under : 8. The members of the Managing Committee, can only be removed as per Section 27 of the Act. Section 27 is reproduced as under : 8. After perusing the show cause notice, it is clear that the petitioners have been removed under Section 27(2) of the Punjab Co-operative Societies Act, 1961 which has been reproduced above, but is nowhere mentioned that a person can be removed from the membership of the Society only on the ground that although a member was not entitled to the MCL but he availed of it. This removal is illegal and not as per the Act. 9. In the light of above discussion, it is clear that the members of the Committee have been wrongly removed and impugned orders dated 7.4.1999, Anneuxre P-5; 8.4.1999, Annexure P-6 and 15.2.2000, Annexure P-8 are quashed. 10. With the above observations, this writ petition is allowed. Petition allowed.