HARPAL SINGH Vs. ADDITIONAL SECRETARY

JUDGEMENT

(1.) Election for constitution of the Managing Committee of the Tanda Ram Sahaey Coop. Agri. Service Society Ltd. was held on Aug. 5, 1998. The petitioner alongwith eight others were declared elected. Aggrieved by this election, Tirath Singh-respondent No. 6 filed an election petition. The Deputy Registrar, Cooperative Societies, Hoshiarpur accepted the election petition vide order dated Jan. 21, 1999. Aggrieved by this order, Harpal Singh the present petitioner filed an appeal. It was heard by the Joint Registrar, Cooperative Societies, Jalandhar Division, Jalandhar. Vide order dated March 12, 1999, a copy of which has been produced as Annexure P.3 with the writ petition, the Joint Registrar accepted the appeal. The order passed by the Deputy Registrar was set aside. Respondent No. 6 filed a petition before the State Government. Vide order dated March 24, 1999, the Additional Secretary, Cooperation (Appeals), Punjab accepted the appeal with the following observations:-

(2.) The petitioner was not even given a notice. The order in his favour was stayed without the grant of any opportunity. The case was remanded for a fresh decision. He was naturally aggrieved. He filed a petition before the Additional Secretary. Vide order dated May 31, 1999, it was again rejected with the observation that on a reading of Sec. 69, "it is clear that the Registrar and the Government can suo moto and on an application made by the party issue notice to other party. It is abandontly clear that the Registrar may issue notice to the other party but no mandatory nature is inherent. Hence the issuance of notice is not compulsory." The prayer for review of the order was rejected. Hence this petition.

(3.) The petitioner complains that the Additional Secretary to the Government has acted illegally, arbitrarily and against the basic norms of fair play. He submits that the order passed by the Additional Secretary is wholly illegal and against the elementary rules of natural justice.