JUDGEMENT
JASBIR SINGH, J. -
(1.) THIS petition has been filed with a prayer that a writ of certiorari be issued to quash the proceedings/resolution of the Meetings, as mentioned in the news item dated April 2, 2006.
(2.) PETITIONERS are elected members of the Managing Committee of the Primary Co-operative Agricultural Development Bank Ltd., Nawanshahr (in short the Bank). The competent officer issued a notice on March 29, 2006 (Annexure R4/3) intimating members of the Managing Committee of the Bank that a meeting shall be held on April 1, 2006, at 11 AM to discuss the following agenda :-
"1. Consideration for co-opting a representative of weaker section according to bye-laws of the Bank and the Act. 2. In pursuance of letter of SADB No. 1720 dated 06.003.2006, for sending the representative of the Bank for participating in the election of Punjab State Co-operative Agricultural Development Bank."
By making reference to Rule 80 of the Punjab Co-operative Societies Rules, 1963, it is primary contention of counsel for the petitioner that the officer concerned was not justified in calling the meeting, by giving only three days' notice. It has further been argued that petitioner No. 1 was not served and petitioners No. 2 and 3 were served a few hours before the meeting on April 1, 2006, as such service of notice upon them was not proper. It has also been argued that respondent No. 7, who was co-opted as a representative of weaker section of the society, is in fact a very affluent person and is not qualified to be co-opted as such. Counsel prays that in view of arguments raised, proceedings of the meeting conducted on April 1, 2006, be quashed.
(3.) IN reply thereto, it has been stated by counsel for the respondents that the writ petition is not competent as under Rule 80(i)(a) of the Punjab Co- operative Societies Rules, 1963, alternative remedy is available to the petitioner. It has further been said that as the disputed questions have been raised, it is not open to this Court to give any finding in that regard, while exercising the powers under Article 226 of the Constitution of India. It has also been stated that when the writ petition was filed, election to the Board of Directors of Punjab State Co-operative Agricultural Development Bank had already been concluded on April 17, 2006, and that can be challenged only by filing an election petition.;
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