Ashok Bhan, J. - (1.) Petitioners are the Managing Committee Members, President, Treasurer and Vice President of the Bankmen Co-operative Urban (Salary Earners) Non Agriculture Thrift and Credit Society. Roktak (hereinafter referred to as the society). The society was registered on 25,3.1989. It was established with a view to encourage thrift and saviug among its members by accepting deposits by offering other suitable facilities. Election of the office bearers of the society was held on 17.2.1992. Elected members, hold the otfice for a period of three years,
(2.) Vide order dated 3.9.1993 Annexure P/1 with the writ petition, Managing Committee of the Society was ordered to be suspended under the orders of Deputy Registrar exercising the powers of Registrar Co-operative Societies, Haryana. Raj Kumar and Rajinder Nath two Inpectors from the department of co-operative societies were appointed as Administrators for the purpose of running the society. The writ petition has been filed under Articles 226/227 of the Constitution of India, for issuance of a writ in the nature,.of certiorari quashing the order dated 3.9,1993 (Annexure P/1) suspending the Managing Committee primarily on the ground that action taken by respondent No. 1 for suspending Managing Committee of the Society was in. violation of the provisions of the Haryana" Co-operative Societies Act, 1984 (hereinafter referred to as the Act). Managing Committee of the Society has been ordered to be suspended under Section 34 (2) of the Act ; while no proceedings were pending under sub-section (1) of Section 34 of the Act; that pendency of proceedings under sub-section (1) of Section 34 was a condition precedent for .invoking the powers under sub-section (2) of Section 34 of the Act for suspending the Managing Committee of the Society. For facility of reference Section 34 is reproduced below : "34. Removal of Committee,(1) If in the opinion of the Registrar, a committee persistently makes default or is negligent in the performance of duties imposed on it by this Act or the rules or the bye laws or commits any Act which is prejudicial to the interest of the society or its members, the Registrar may after giving the committee an opportunity to state its objections, if any, by order in writing, remove the committee and order fresh election of the committee or appoint administrators in accordance with the provisions of Section 33. Provided that the appointment of administrators shall be for a period of one year which may be extended, from time to time, upto three years. (2) Where the Registrar, while proceeding to take action under sub-section (1), is of the opinion that suspention of the committee during the period of proceeding is necessary in the interest of the Co-operative Society, he may, suspend the committee and make such arrangement as he thinks proper for the management of the affairs of the society till the proceedings are completed ; Provided that if the committee so suspended is not removed, it shall be reinstated and the period of suspension shall count towards its tenure ; Provided further that the period of suspension shall not exceed six months. (3) The administrators appointed under sub-section (1) shall arrange, for the election of a committee in accordance with the bye laws of the society failing which the Registrar shall arrange to hold the election. (4) Before taking any action under sub-section (1) in respect of a Co-operative Society, the Registrar shall consult the financing institution to which it is indebted."
(3.) Notice of motion was issued. In the written statement filed a preliminary objection has been taken to the effect that against the impugned order, an appeal was competent under Section 114 of the Act and as such the petitioners be not permitted to invoke the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India ; assertion of the petitioners that the Managing Committee of the Society was suspended in exercise of powers under Section 34 (2) of the Act while no proceedings under Section 34 (1) of the Act were pending, has not been specifically denied. Plea taken is that the proceedings under Section 34 (2) of the Act were independent proceedings and the Registrar was competent to suspend the Managing Committee even while no proceedings were pending under Section 34 (1) of the Act.;