Raj Kumar v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 16.11.2015 Raj Kumar ........... Petitioner Vs State of Haryana & Ors.

........... Respondents Coram :

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Ravinder Malik (Ravi), Advocate for the petitioner.

Mr. Rajesh Sheoran, Addl. A.G., Haryana.

Mr. Vipul Sharma, Advocate for respondent No. 6.

Rakesh Kumar Jain, J. (oral) The only prayer made, in this petition by the petitioner, is for directing the respondents to hold the election of the Office bearers of the Kalri Jagir, Primary Agricultural Cooperative Society Ltd. Kalri Jagir, District Karnal. On 15.09.2015 the following order was passed by this Court :- "Learned counsel for the petitioner, inter alia, contends that 10 members of the primary society (Respondent No.6) were unanimously elected on 24.4.2015 and as per Section 30 of the Haryana Cooperative Societies Act, 1984 [for short 'the Act'], the members of the committee, including those nominated under Section 29 of the Act, shall elect from amongst themselves, office-bearers within sixty days of the date of election

-2of the members of the committee.

It is submitted that though the process of election was started on 27.5.2015, fixing the date for election as 15.6.2015, but the said meeting is being postponed time and again and the last meeting which was to be held on 8.9.2015 has also been postponed without giving the next date of the meeting. The allegation made by the petitioner is that out of 10 members, 6 members are on his side and 4 members are on the other side and because of their influence, who are in minority, the meeting is not being held. Thus, the prayer made in this petition is to issue direction to the official respondents to hold the meeting of the committee for the election of the office bearers as early as possible.

Notice of motion for 29.9.2015. Dasti."

Respondents No. 2, 3 & 5 have filed their reply. It is averred therein that a meeting for conducting the election of office bearers of respondent No.6 was called vide letter dated 21.8.2015 for 8.9.2015. The Presiding Officer visited the Society for that purpose but respondent No.6 was not present in the Society and the proceeding book in which proceedings of election was to be recorded was not available in the Society. Thus, the election could not be got conducted on 8.9.2015 and the Inspector concerned has been directed to get the election conducted as per law immediately. However, no proceedings were recorded regarding election on 8.9.2015. The learned State counsel, on instructions from Vikram Singh, Inspector, Cooperative Societies has stated at Bar

-3that this petition may be disposed of as the election would be conducted within 15 days.

In view of the above, this petition is disposed of with a direction to the respondents that the aforesaid election should be conducted by the concerned authorities within 15 days from today.

A copy of this order be given to learned counsel for the petitioner under the signatures of the Bench Secretary for necessary action and compliance.

(RAKESH KUMAR JAIN) 16.11.2015 JUDGE sp