- (1.) The facts of the present case as given in the petition are that there is a Primary Cooperative Society in village Dhagana known as Dhagana Cooperative Agricultural Service Society. Village and Post Office, Dhagana (hereinafter referred to as 'the Society') which is registered under the Co-operative Societies Act, 1961 (hereinafter referred to as 'the Act'_. The Managing Committee of the Society consisted of five members. Before the expiry of three years, a fresh election of the Managing Committee was held on January 14, 1973, in which Chanchal Singh was elected as President, Hira Singh, son of Balak Singh, as Vice-President, Shrimati Gurbachan Kaur, wife of Dr. Gurdip Singh, as Cashier, Inder Singh, son of Shri Thakar Singh and Lakha Singh, son of Shri Bhagat Singh, as members of the Committee. The election was held in the presence of Mr. Raghbir Singh, Inspector, Co-operative Societies, Patti. Mr. Sarabjit Singh, Assistant Registrar, Cooperative Societies, Tarn Taran respondent No. 1, vide order, dated February 22, 1974, mala fide and on extraneous considerations under pressure and influence of Mr. Sher Singh. Sarpanch, Gram Panchayat, Dhagana, respondent No. 3 and Gurmel Singh, Inspector, Cooperative Societies, Patti Block, respondent No. 4, appointed Administrator under section 26(1D) of the Act for a period of six months. The petitioner has challenged the aforesaid order of respondent No. 1. The writ petition has been contested by respondent No. 1. it is inter alia stated by him that no election of the Managing Committee was held and the impugned order was not passed by him mala fide or with extraneous consideration or under the pressure of any person.
(2.) The first contention of the learned counsel for the petitioner is that the Managing Committee of the Society had been legally elected on January 14, 1973, and was functioning since then. Respondent No. 1 could not appoint Administrator of the Society under section 26(1-D) of the Act. He further says that if he wanted to appoint Administrator, he should have issued a show cause notice to the petitioner before doing so.
(3.) We have heard the learned counsel for the parties at considerable length. In order to decide this question, it is necessary to notice some provisions of the Act, the Punjab Cooperative Societe Rules, 1963 (hereinafter referred to as the 'Rules') and Appendix 'C'. According to sub-section (1-B) of section 26, the term of office of committee is three years. Sub-section (1-C) provides that each committee shall, 90 days before the expiry of its term, make arrangements for constitution of a new committee in accordance with the provisions of the Act and rules and by-laws made thereunder. Sub-section (1-D) says that where the committee had ceased to hold office and no committee has been constituted in accordance with the provisions of this Act and rules and by-laws, the Registrar shall appoint an Administrator. The said sub- section is as follows :- "(1-D) Where any committee has ceased to hold office and no committee has been constituted in accordance with the provisions of this Act and rules and bye-laws made thereunder, the Registrar may, by an order in writing appoint a Government servant as an Administrator for such period, as may from time to time, be specified in the order and the Administrator shall before the expiry of the period of his appointment, arrange for the constitution of a new committee in accordance with the provisions of this Act and rules and bye-laws made thereunder :- Provided that the total period for which an Administrator may be appointed shall not in any case exceed one year and six months and in case such period is to be extende beyond one year, the Registrar shall record his reasons in writing for such extension.";