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High Courts(1991) 10 P&H CK 0032

Randhir Singh vs Additional Registrar (Credit)

Punjab And Haryana At Chandigarh · Decided on 25 October 1991 · Citation: (1992) 2 LJR 402 : (1992) PLJ 38 : (1992) 2 RRR 449 : (1992) 2 RRR 96

HON’BLE JUDGES
J.S.Sekhon, J and S.S.Rathor, J
CASE NUMBER
C.W.P No. 13159 of 1991 & M.P. No. 13159 of 1991

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Judgment

3 paragraphs · 203 words

J.S. Sekhon and S.S. Rathor, JJ.

1.

Admittedly, notice Annexure PI under Section 27(1) of the Punjab Cooperative Societies Act, 1961 for removal of the Managing Committee of the petitionerSociety was given to its President and not to its Members whereas the abovereferred provisions of subsection (1) envisage giving of notice to the Management Committee or its Members As the case may be in the case of any proceedings for its removal. Obviously as the removal of the Managing Committee would adversely affect its Members and not only its President so a notice was required to be given to its Members also before instituting any such proceedings for the removal of the Committee.

2.

Consequently the initiation of removal proceedings by the Registrar, Cooperative Societies, Punjab suffers from inherent illegality of not giving a legal notice under Section 27(1) of the Act. If that is so, then the entire proceedings stand vitiated and are struck down by accepting this writ petition. The Registrar shall now be at liberty to proceed against the Society in accordance with law after giving proper notice under Section 27(1) of the Act to all the Members of the Managing Committee. There. will be no order as to costs.