- (1.) Through the instant writ petition, the petitioner has sought the relief of quashing resolutions dated 27.5.2011 (Annexure P-1) by which new members have been enrolled by the Administrator of the Faridkot District Cooperative Milk Producer Union Ltd., Faridkot (for short "the respondent-Union) and further to quash the Zonal Lists (Annexures P-2 to P-4) prepared by the respondentUnion.
(2.) I have heard learned counsel for the parties and gone through the paperbook.
(3.) Mr.Ashwani Prashar, learned counsel for respondent no.6 has raised a preliminary objection that the respondent-Union is a Cooperative Society registered under the Punjab Cooperative Societies Act, 1961 (for short "the Act") and its actions are not amenable to writ jurisdiction. The State Government has no control over its functioning. It is not a statutory body nor is constituted by an Act of Parliament or State Legislature. It has also not been established by any notification issued by the appropriate government i.e. the State Government. It is a Cooperative Society simpliciter and its actions or inactions do not fall in the domain of writ jurisdiction. The impugned resolution dated 27.5.2011 (Annexure P-1) enrolling members of the Society may have been passed by the Administrator of the respondent-Union, but such a resolution is not open to be questioned in the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India. The Society does not fall under Article 12 of the Constitution nor falls under any "other authority" under Article 226. If 32 Milk Producers Cooperative Societies and 29 Progressive Dairy Members of the Milk Union, Faridkot have been enrolled in respondent-Union, the action is not challengable in the absence of statutory mandate in the Act or the Rules. The second prayer is for quashing the Zonal list prepared by the respondent-Union and for not holding elections of its Board of Directors as illegally enrolled members have been included in the voter list as well as the societies who have never supplied the required milk to the Milk Union since 1993 have been included in the zonal list in complete violation of bye-law 37(a)(V) (III) of the Byelaws of the respondent-Union, but these Bye-laws have no statutory force and remain beyond the purview of the writ court. The remedy, if any, would lie elsewhere.;