- (1.) This petition under Articles 226 and 227 of the Constitution of India, is directed against the election programme of the Board of Directors of the Patti Primary Co-operative Land Mortgage Bank, Limited, Patti, District Amritsar, which was issued by the Assistant Registrar, Tarn Taran, acting as Administrator, under Section 26(I-D), of the Punjab Co-operative Societies Act, 1961 (hereinafter called the 1961 Act). The petition has been filed by two persons, namely, Banta Singh and Nazir Singh; the former, out of whom, is a member of the Amritsar Primary Co-operative Land Mortgage Bank, Ltd. Amritsar (hereinafter called the Primary Bank Amritsar) while the latter is the member of the Patti Primary Co-operative Land Mortgage Bank, Ltd. Patti (hereinafter referred to as the Primary Bank Patti).
(2.) The facts necessary to determine the controversy are not seriously in dispute. The Primary Bank, Amritsar, was registered under the 1961 Act, and the area of operation of this Bank included Patti Tehsil. Subsequently, by order of the Registrar Co-operative Societies, Punjab, Chandigarh, the Assistant Registrar, Co-operative Societies Tarn Taran was directed to open a land mortgage bank at Patti, copy of which is Annexure R-4/1, and in view of this order the Primary Bank, Patti, was brought into existence and was registered under the 1961 Act. The area of operation of this Bank was limited to Patti Tehsil. This Bank was registered on 9-3-1973, and the first Board of Directors was elected for a period of six months. This period was to expire on 9-9-1973. As elections could not be held before the expiry of this date, the Assistant Registrar was appointed as the administrator and he then fixed programme for holding the elections.
(3.) Notice of the petition was issued and the respondents have appeared to contest the petition through affidavits of respondent Nos. 4, 5 and 6. The grievances of the petitioners are three-fold. It is firstly pointed out that as the area of operation of the Primary Bank Patti was the same which formed part of the area of the operation of the Primary Bank, Amritsar, its registration could not be allowed without the sanction of the Registrar. It is then contended that without following the procedure provided under Sections 12 and 13 of the 1961 Act, and without making a change in the area of operation of the Primary Bank, Amritsar, the election programme of the Primary Bank, Patti could not be issued. The third argument is that in similar circumstances division of the assets and liabilities and of the areas was ordered when the new district of Faridkot was created.;