MEHINDER SINGH SULLAR,J. - (1.) THE compendium of the facts, which needs a necessary mention for a limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, is that petitioner Inderjit Singh son of Bachan Singh, was duly elected as Director of the Gurdaspur Central Cooperative Bank Ltd., Gurdaspur (hereinafter to be referred as "the Cooperative Bank") (Ist society) in the elections of Board of Directors, held on 26.7.2006, in view of the provisions of the Punjab Cooperative Societies Act, 1961 (for short "the Act"). According to the petitioner, ever since then, he has been performing his duties honestly. He was also elected as Director of the Gurdaspur Cooperative Labour and Construction Union Ltd. (for brevity "the Co-operative Union") (2nd society) on 18.8.2008. Subsequently, he tendered his resignation (Annexure P1) on 6.3.2009 from the Co-operative Union (2nd Society), which was duly accepted by the authorities in its meeting held on 13.6.2009 (Annexure P4).
(2.) IN the wake of report dated 11.6.2009 of District Manager (respondent No. 4) of the Cooperative Bank (Ist society), the Joint Registrar, Cooperative Societies, Jalandhar Division (respondent No. 2) issued show cause notice dated 11.6.2009 (Annexure P5) of the same date, to which, the petitioner sent reply (Annexure P6), informing that he has already resigned from the directorship of the Co-operative Union (2nd society) on 6.3.2009. The resignation has been accepted by its Board in its emergent meeting dated 13.6.2009. At present, he is Director of only of the Cooperative Bank (Ist society). However, the Joint Registrar, while exercising the powers of Registrar, Cooperative Societies, ceased the membership of the petitioner of the Board of Director of Cooperative Bank (Ist society) as well for alleged violation of section 26-B of the Act, by virtue of impugned order dated 24.6.2009 (Annexure P7). The petitioner did not feel satisfied and filed the instant writ petition, challenging the impugned order (Annexure P7), invoking the provisions of Articles 226 and 227 of the Constitution of India.
(3.) THE case set up by the petitioner, in brief in so far as relevant, is that as his resignation has already been accepted by the Board from the Directorship of Co-operative Union (2nd society), much prior to the passing of impugned order, therefore, the provisions of section 26-B of the Act will not be attracted to his membership/directorship of Co-operative Bank (Ist society). Hence, the impugned order is illegal and without jurisdiction.;