Pargat Singh And ORS v. State Of Punjab And ORS
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (106+240) CWP-22841-2021 (O&M) Pargat Singh and others
...Petitioners
Versus
State of Punjab and others
...Respondents
CWP-22778-2021 Charanjit Singh and others
...Petitioners
Versus
State of Punjab and others
...Respondents
CWP-22890-2021 Jodhbir Singh and another
...Petitioners
Versus
State of Punjab and others
...Respondents
CWP-23379-2021 Sartaj Singh and another
...Petitioners
Versus
State of Punjab and others
...Respondents
CWP-25113-2021 Bhupinder Singh and others
...Petitioners
Versus
State of Punjab and others
...Respondents
Date of decision : 17.09.2024
-2CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: Mr. D.V.Sharma, Senior Advocate, with Mr. Manbir Singh, Advocate for the petitioner (in CWP-22841, 22890, 23379 & 25113-2021). Mr. Rahul Sharma-I, Advocate for the petitioner (in CWP-22778-2021).
Ms. Amrita Garg, Assistant Advocate General, Punjab. Mr. Ashwani Prashar, Advocate (through VC) for respondent No.4 (in CWP-22841, 22890, 23379 & 22778-2021) and respondent No.5 (in CWP-25113-2021).
Mr. Tejveer Singh Saggu, Advocate for respondents No.5 to 9 (in CWP-22841, 22890, 23379 & 227782021) ...
SUVIR SEHGAL, J. (Oral) 1.
This order shall dispose of the above noted five writ petitions, as they involve common questions of law and facts. For the sake of convenience, factual position is being taken from CWP-22841-2021. 2.
This petition has been filed under Article 226/227 of the Constitution of India inter alia for issuance of a writ in the nature of certiorari for quashing election programme, Annexure P-1, issued on 28.10.2021, and for restraining respondents from holding elections to the Board of Directors of Jalandhar Central Cooperative Banks Limited, Jalandhar. 3.
Upon notice by this Court, writ petition has been contested by the respondents inter alia on the ground that the petitioners have an alternate remedy of election petition under the Punjab Cooperative Societies Act, 1961.
-34.
At the outset, learned senior counsel for the petitioners submits that an objection regarding the maintainability of the writ petition, raised in similar circumstances, has been accepted by this Court vide order dated 21.08.2024, passed in CWP-16328-2021, titled as Gurbinder Singh Versus State of Punjab and others, whereby four writ petitions were decided. LPAs were preferred in three of the writ petitions, which have been disposed of by a Division Bench of this Court on 09.09.2024, granting a week's time to the appellants therein, for filing the election petition. He has requested that similar orders be passed in the present petitions.
5.
In view of the stand taken by the learned senior counsel for the petitioners, writ petition is disposed of, and petitioners are relegated to the remedy of election petition.
6.
In case, the petitioners file an election petition within a fortnight from today, the competent authority shall take steps to decide the same within a period of six months of its institution.
7.
All the writ petitions are disposed of accordingly. (SUVIR SEHGAL) JUDGE 17.09.2024 Pardeep Whether Speaking/Reasoned Yes Whether Reportable Yes/No