SATISH KUMAR MITTAL,J - (1.) THE petitioner has filed this petition under Articles 226/227 of the Constitution of India for quashing the order dated 11.4.2008, passed by the Assistant Registrar, Cooperative Societies, Gurgaon, whereby a show cause notice was given and further in exercise of the power under subsection (2) of Section 34 of the Haryana Co-operative Societies Act, 1984 (hereinafter referred to as 'the Act'), the Managing Committee of the Engineers Cooperative Group Housing Society Ltd., Gurgaon (hereinafter referred to as 'the Housing Society') has been placed under suspension, and for smooth running of the society, the Board of Administrators has been appointed under Section 33 (1) of the Act, for six months.
(2.) IN this case, a complaint was received by the Assistant Registrar, Cooperative Societies from certain members of the Housing Society. On the said complaint, notices were issued to the complainant as well as the Housing Society. In spite of the notice, neither any representative of the Housing Society came present nor record of the Housing Society was produced. Again, a notice was issued to the petitioner, who is the President of the Housing Society, to produce the entire record, but on that also, no record was produced before the Assistant Registrar for his inspection. In light of all these facts, the Assistant Registrar issued notice under sub-section (1) of Section 34 of the Act to show cause as to why the Managing Committee of the Housing Society be not removed, as the Managing committee was persistently making defaults in the performance of duties imposed on it by the Act. While proceeding to take action under sub-section (1), the Assistant Registrar also passed the order of suspension of the Managing Committee, after framing opinion that in the interest of the Society, the Managing Committee is to be suspended. The petitioner, who is the President of the Managing Committee of the Housing Society, has filed the instant petition. Learned counsel for the petitioner submits that the Assistant Registrar can suspend the Managing Committee only after giving a show cause notice and after receiving reply thereof, and hearing the petitioner. Therefore, in the instant case, he has acted without jurisdiction, while straight way suspending the Managing Committee without waiting for reply to the show cause notice issued under sub-section (1) of Section 34 of the Act. In support of his contention, learned counsel has relied upon decisions of this Court in S.R. Goyal v. Mehtab Singh, Deputy Registrar, 1994(3) RRR 240 : 1994 PLJ 219 and Bharat Singh v. Deputy Registrar, Co-op. Societies, Haryana, Rohtak, 1995(3) RRR 158 : 1995 PLJ 283.
(3.) AFTER hearing counsel for the petitioner and going through the impugned order, we do not find any force in the contention of learned counsel for the petitioner. Section 34 of the Act provides for removal of Committee and this provision reads as under : "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, up to three years. (2) Where the Registrar, while proceeding to take action under sub-section (1), is of the opinion that suspension of the committee during the period of proceedings 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 re- instated 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." Section 35 of the Act provides for similar provisions for removal of Committee members.;