- (1.) This judgment will also dispose of Writs Petitions Nos. 10741 of 1988, 1586 of 1988, 10064 of 1989 and 5979 of 1988 as the question involved is common in all these cases.
(2.) The facts giving rise to Civil Writ No. 101 of 1988 are that the petitioners are members of the Satora Co-operative Credit and Service Society Limited, Satora. After the term of the earlier Committee expired the election of the new Committee had taken place. The petitioners as well as Jagir Singh, Phuman Singh and Sarup Singh were elected as members of the Committee. According to the bye-laws, applicable to the Society, if a woman and a Harijan members are not among the elected persons, they are to be co-opted and as such the Manager of the Society had called the meeting for January 8, 1988. The notices were issued to the elected members as well as to respondents Nos. 3 to 5, who were the nominees of the Government and that of the Financing Institution, that is, the Kurukshetra Central Co-operative Bank Limited for the purpose of co-opting a Harijan as well as woman member. These three members were nominated as provided under Section 29 of the Haryana Co-operative Societies Act, 1984 (hereinafter shall be referred to as the Act).
(3.) As per the petitioners, according to Section 29 of the Act, the Government has the right to nominate not more than three members or one third of the total members elected on the Managing Committee of the Society if it has subscribed the share capital to the Society not less than rupees one lac. Similar is the position of the Financing Institution. In paragraph No. 5 of the Writ Petition, it has been averred that in the present case the Government had share of Rupees 16490/- only, in the respondent Society and the Government loan is Rs. 1125/- and according to the petitioners, as such, the Government nominees have no right to participate and to vote in the affairs of the Society nor the Government was legally competent to nominate them. The petitioners also moved Civil Misc. No. 1527 of 1988 and along with it they placed on record a copy of Annexure P/2 which was a letter from the Registrar, Co-operative Societies dated January 7, 1988 written to all the Assistant Registrars of Co-operative Societies in Haryana State. The letter was written on the subject of appointment of Government nominees in Co-operative Credit and Service Societies (Mini Banks).;