The Sarai Amanat Khan Cooperative … vs The State Of Punjab And Others on 12 November, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                  C.W.P. No. 19287 of 2008
                                        DATE OF DECISION : 12.11.2008

The Sarai Amanat Khan Cooperative Agricultural Service Society Ltd.
                                                           .... PETITIONER

                                  Versus

The State of Punjab and others

                                                       ..... RESPONDENTS

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
            HON'BLE MR. JUSTICE JASWANT SINGH


Present:    Ms. Jagdeep Bains, Advocate,
            for the petitioner.

                  ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioner Society has filed this petition under Article

226/227 of the Constitution of India for issuing direction to the respondents

to include its name as a member of the Amritsar Central Cooperative Bank

Limited, Amritsar (respondent No.5 herein) and allow it to participate in the

elections of the Board of Directors of the said bank, which is scheduled to

be held on 18.11.2008.

Before approaching this Court, the petitioner Society filed a

revision petition under Section 69 of the Punjab Cooperative Societies Act,

1961, which has been dismissed by the Additional Registrar (Industrial)

Cooperative Societies, Punjab, Chandigarh, vide order dated 5.11.2008,

while observing that since the election process has already started on
CWP No. 19287 of 2008 -2-

22.10.2008, therefore, at this stage, the prayer made by the petitioner could

not have been accepted.

After hearing learned counsel for the petitioner Society and

going through the contents of the petition, we do not find any ground to

interfere in the said order in exercise of the writ jurisdiction of this Court

under Article 226 of the Constitution of India. In our view, when the voter

list was finalised, immediately thereafter the petitioner Society should have

raised the objection that its name was not included in the voter list. Though

a vague averment has been made that the objections were filed, but it has

not been stated as to what happened to those objections. After finalisation of

the voter list, election programme has been issued. In view of these facts,

we are not inclined to entertain this petition.

At this stage, learned counsel states that the petitioner Society

may be permitted to withdraw this petition with liberty to avail its remedy

after the elections.

Dismissed as withdrawn with the aforesaid liberty.

                                         ( SATISH KUMAR MITTAL )
                                                 JUDGE


November 12, 2008                            ( JASWANT SINGH )
ndj                                                JUDGE