ALOK SINGH, J. - (1.) PRESENT petition is filed challenging order dated 28.05.2009, as well as, order dated 03.07.2009, thereby appointing the Administrator for Ajatshatru Kendriya Avam Sarkari Upkram Karamchari Cooperative Group Housing Society Limited.
(2.) RECORD reveals that earlier Civil Writ Petition No. 10809 of 2008 was filed before this Court making serious allegations against the Managing Committee of the Society and complaining the scam in the Society. This Court vide order dated 22.07.2008 was pleased to dispose of Civil Writ Petition No. 10809 of 2008 directing the Secretary, Government of Haryana, Department of Co- operation, to look into the matter and pass appropriate order within three months from the date of receipt of a copy of the order. Learned Financial Commissioner & Principal Secretary vide order dated 28.05.2009 has observed that the main issue involved before him is as to whether election of the Managing Committee vide resolution dated 15.01.2007 is valid or not, therefore, he has directed the Assistant Registrar, Cooperative Societies, to treat the petition as an election petition under Section 102 of the Act and to decide the same within a period of 60 days; meanwhile, Administrator was appointed to look into the affairs of the Society. Mr. D.V. Sharma, learned Senior Advocate has stated that about the maintainability of the election petition and about the question of limitation, petitioners shall agitate before the Assistant Registrar, Co-operative Societies, who has been directed by the Financial Commissioner to treat the petition as election petition, however, as per Mr. D.V. Sharma, during the pendency of the election petition, Administrator ought not to have been appointed. As per Mr. D.V. Sharma, learned Senior Advocate, if election petition is allowed, then elected Managing Committee will go, however, there is no question of appointment of the Administrator.
(3.) MR . Gaurav Dhir, learned Deputy Advocate General, Haryana, appearing on behalf of the State, has supported order dated 28.05.2009 saying that since there is a serious dispute about the Managing Committee and about the legality of the election dated 15.01.2007, therefore, Administrator was rightly appointed by the Financial Commissioner & Principal Secretary.;