THE DASHMESH COOPERATIVE LABOUR AND CONSTRUCTION SOCIETY LTD. & ANR. Vs. STATE OF PUNJAB & ORS.
LAWS(P&H)-2011-11-190
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 14,2011

The Dashmesh Cooperative Labour And Construction Society Ltd. And Anr. Appellant
VERSUS
State of Punjab and Ors. Respondents

JUDGEMENT

Mehinder Singh Sullar, J. - (1.) THE compendium of the facts, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, is that in the wake of election held on 22.12.2010, Manjinder Singh Dhillon son of Sukhdev Singh (respondent No.8) was elected from Zone No.9 as the Director of The Jalandhar Central Cooperative Bank Limited (respondent No.4). The petitioners, The Dashmesh Cooperative Labour and Construction Society Ltd. and Pal Singh challenged his election, by means of election petition under sections 55/56 of The Punjab Cooperative Societies Act, 1961 read with Rule 51 framed thereunder (hereinafter to be referred as "the Act and relevant Rules"). The Joint Registrar, Cooperative Societies -respondent No.3 (Election Tribunal) set aside the election of respondent No.8 and ordered the fresh elections of the indicated post of Director, by virtue of impugned order dated 30.5.2011 (Annexure P1), which, in substance, is as under: After examining the concerned files, documents and the record of the Society regarding the case and registration file of the Bal Cooperative Fruit and Vegetables Growers Marketing Society Limited produced by the Assistant Registrar, Cooperative Societies and the concerned record produced by The Jalandhar Central Cooperative Bank Limited, Jalandhar, I arrived at the conclusion that there is no proof in the proceeding book of the Bal Cooperative Fruit and Vegetables Growers Marketing Society Limited regarding the authorization to contest the election produced by Sh.Manjinder Singh Dhillon to participate in the election of Board of Directors of The Jalandhar Central Cooperative Bank Limited, Jalandhar held on 22.12.2010. He failed to produce any document or receipt regarding the membership of the Society. The membership register produced by him cannot be treated as a original register. In the membership register produced by the Society, there is no proof that Sh.Manjinder Singh Dhillon is a member of this Society. He was not eligible to contest the election of the Bank as representative of the Society, as he was not member of the Society. Keeping in view the above said, I, Kamaldeep Singh Sangha P.C.S. (1), Joint Registrar, Cooperative Societies, Jalandhar Division, Jalandhar allow the present petition filed in this Court and set aside the election of Zone No.9 of the Board of Directors of The Jalandhar Central Cooperative Bank Limited, Jalandhar held on 22.12.2010. The prayer for declaring the petitioner as elected Director is rejected. The fresh election of the Director from this zone be held. The order in this case has been announced on 30.05.2011 in Open Court in the presence of the parties.
(2.) DISSATISFIED with the impugned order (Annexure P1), the petitioners filed the appeal, which was dismissed as well, by the Addl.Registrar (D), Cooperative Societies (respondent No.2), through the medium of impugned order dated 16.9.2011 (Annexure P2). Aggrieved by the impugned orders (Annexures P1 and P2), the petitioners filed the revision petition, which was also dismissed by the Financial Commissioner, Cooperation, Punjab (respondent No.1), by way of impugned order dated 3.11.2011 (Annexure P3).
(3.) THE petitioners still did not feel satisfied and preferred the instant writ petition, challenging the impugned orders (Annexures P1 to P3), invoking the provisions of Articles 226/227 of the Constitution of India.;


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