- (1.) Petitioner - Kulvinder Singh, who is member of the Managing Committee of the Nagla Primary Agriculture Co-operative Society Limited, Nagla - respondent No.5 (hereinafter referred to as 'the respondent Society'), has filed this petition under Article 226 of the Constitution of India, seeking issuance of direction to respondents No.1 to 3 to allow the petitioner and respondent No.8 - Daljit Singh to conduct the business of the respondent Society, being elected President and Vice President of its Managing Committee.
(2.) It is the case of the petitioner that he and respondent No.8 were elected as the President and Vice President of the Managing Committee of the respondent Society in the meeting held on 27.3.2008 and subsequently the Presiding Officer has decided to hold a fresh meeting of the Managing Committee for the election of the President and Vice President on 12.9.2008. The petitioner has challenged the said decision (Annexure P-8) of the Presiding Officer.
(3.) After hearing counsel for the petitioner, we are of the opinion that the instant writ petition filed by the petitioner against the said decision is not maintainable. The petitioner has the remedy under the Haryana Cooperative Societies Act, 1984 to approach the Deputy Registrar/Registrar, pointing out the illegality committed by the Presiding Officer. The petitioner has already approached the Deputy Registrar, who is enquiring into the matter. While referring to notice dated 17.7.2008 (Annexure P-7), counsel for the petitioner contends that the said enquiry is still pending and the Deputy Registrar, Kurukshetra - respondent No.3 is not taking any final decision in the matter, and the election is going to be held on September 12, 2008.;