INDERJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this order two writ petitions (CWP No. 8676 of 1994 and CWP No 9127 of 1994) are being disposed of, Judgment is prepared in CWP No. 8676 of 1994 which is otherwise complete as written statement as have been filed. The other writ petition is being disposed of without getting written statement as notice in this case was not issued

(2.) In this petition filed under Articles 226 and 227 of the Constitution the petitioners who were working as Directors of Punjab State Co-operative Supply and Marketing Federation Ltd. known as Markfed, claim directions to the respondents to allow them to complete three years' tenure of Board of Directors and to quash the clarifications contained in Annexure P.10 issued by the Registrar, Co-operative, Societies, that 3 years' tenure of the Committee (Board of Directors of the Co-operative Society) shall start from the date of election, as provided under section 26 (1-B) of the Punjab Cooperative Societies Act, as amended. The term of Board of Directors of the Markfed commenced from July 15, 1991 and the three years would end by July 14, 1994. A representation was filed by the petitioners, copy Annexure P.11, that their tenure would end on August 25, 1994. Clarifying, it was pointed out that meeting of the Board of Directors was held on July 15, 1991. Remaining directors were nominated on July 25, 1991 and the apex Society nominated its members on August 9, 1991. The Managing Director was sent by the Government on deputation on August 26, 1991 Thus the Board of Directors constituted the Committee on August 26, 1991. In para S of the writ petition it was further mentioned that declaration of result of Gurbachan Singh from Zone No. 7 was stayed by the High Court in a civil writ petition and his result could not be declared on July 15, 1991. A meeting was scheduled to be held on August 13, 1991 for election of the office bearers. Copy of the agenda is Annexure P. 3. Gurbachan Singh aforesaid was allowed by the High Court to participate in the election. The meeting was postponed. Another meeting was schedule to be held on August 26, 1991. In the said meeting Shri Rameshinder Singh, IAS, was nominated as Director. In this manner the constitution of Board of Directors was completed on August 25, 1991. Since in the present case the Board of Directors were elected in 1991, the amended provisions of the Act would not be applicable to determine the term of office of the Committee. The old provisions of the Act would be applicable and under Section 26(1 B) the term of the office of the Committee would be three years.

(3.) On notice of motion written statement on behalf of respondents Nos. 2 and 3 has been filed. Broadly the facts stated above are admitted therein.