Disqualification of membership based on default in payment to the cooperative society as per the Punjab Co-operative Societies Rules, 1963.

Mehtab S. Gill, J. - This judgment will dispose of Civil Writ Petition Nos. 2136, 2160 and 2201 of 2001 as common questions of fact and law are involved in the same. For the disposal of these petitions, facts have, however, been extracted from Civil Writ Petition No. 2136 of 2001.

2. The petitioner has prayed for issuance of a writ in the nature of Certiorari for quashing the order dated October 30, 2000 (Annexure P-1) passed by the Deputy Registrar, Cooperative Societies, Ropar and order dated January 10, 2001 (Annexure P-2) passed by the Registrar, Cooperative Societies, Punjab.

3. In so far as Civil Writ Petition No. 2160 of 2001 is concerned, the petitioner has prayed for quashing of the order dated November 24, 2000 (Annexure P-2) passed by the Deputy Registrar, Cooperative Societies, Ropar and order dated January 10, 2001 (Annexure P-3) passed by the Registrar, Cooperative Societies, Punjab.

4. The petitioner has averred that the election to the Managing Committee of the SCL Employees Cooperative House Building Society Limited, Mohali (hereinafter referred to as "the Society") was held on July 9, 2000 in which the petitioner was elected as a committee member of the Society. He was further elected as a Honorary Secretary of the Society. Shri Lekh Raj, committee member (respondent No. 4) filed a petition for cessation for ceasing the petitioner as a committee member of the Society before the Deputy Registrar, Cooperative Societies, Ropar (respondent No. 1). The petitioner took a plea before the Deputy Registrar, Cooperative Societies, Ropar, while submitting his reply that the petition for cessation of his membership was not maintainable as it was filed only to reduce the majority of the Managing Committee into minority. The Deputy Registrar, after hearing the parties, observed that rule 25(a) and bye-law 33(vii) of the Punjab Co-operative Societies Rules, 1963 (hereinafter referred to as "the Rules") have been violated and ceased the petitioner from being a member of the Society. Against the order dated October 30, 2000 (Annexure P-1) passed by the Deputy Registrar, Cooperative Societies, Ropar (respondent No. 1), the petitioner filed an appeal before the Registrar, Cooperative Societies, Punjab (respondent No. 2). The Registrar vide his order dated January 10, 2001 (Annexure P-2) dismissed his appeal directing him to file the revision petition before the Government as he did not have the power to hear the same.

5. Notice of motion was issued.

Written statements were filed on behalf of the respondents.

I have heard the learned counsel for the petitioner and the respondents, gone through the petition and the annexures attached with the writ petition.

6. Learned counsel for the petitioner has drawn my attention to Rule 25(a) of the Rules, wherein it has been mentioned that a member will cease to be the member of the Managing Committee of the Society if he is in default of any sum which is due to the Society. Rules 25(a), 26(a) and Bye-law 33(vii) of the Rules are reproduced as under :-

"Rule 25 : Disqualification for membership of committee : - (Section 85(2)(xii) and (xxxxiii) - No person shall be eligible for election as a member of the committee if -

(a) he is in default to any cooperative society in respect of any sum due from him, to the Cooperative Society or owes to any cooperative Society an amount exceeding his maximum credit limit.

(b) xx xx xx

(c) xx xx xx

(d) xx xx xx

(e) xx xx xx

(f) xx xx xx

(g) xx xx xx

(gg) xx xx xx"

"Rule 26 : Cessation of membership of committee : (Section 85(2)(x) - A member of the committee shall cease to hold his office as such if he :-

(a) continues to be in default in respect of any sum due from him to the cooperative society for such period as may be laid down in the bye-laws;

(b) xx xx xx

(c) xx xx xx

(d) xx xx xx

(e) xx xx xx

(f) xx xx xx"

"Bye-law 33 : A member of the committee shall cease to hold office if he :-

(i) xx xx xx

(ii) xx xx xx

(iii) xx xx xx

(iv) xx xx xx

(v) xx xx xx

(vi) xx xx x