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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASGURPREET SINGH PURI
Naveen Jain – Appellant
Versus
Central Registrar Co-operative Societies – Respondent
JUDGMENT :
JASGURPREET SINGH PURI, J.
1. The present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing respondent No. 2 to comply with the instructions issued by respondent No. 1 vide office order dated 21.11.2023 (Annexure P-2) and office order dated 01.02.2024 (Annexure P-3).
2. Learned counsel for the petitioner, while briefly outlining the facts of the case, submitted that respondent No. 2, namely the Postal and RMS Employees Co-operative Bank Ltd., Ambala, is a Multi-State Co-operative Society, of which the petitioner is a member. The said society is governed by the provisions of the Multi-State Co-operative Societies Act, 2002 (hereinafter referred to as “the Act”). The tenure of the Board of Directors of respondent No. 2-Society was due to expire on 21.10.2023, and before expiry of the aforesaid tenure of the Board of Directors, the Society itself, through its CEO, conducted elections for the Board of Directors on 08.10.2023, which was about 12 days before expiry of the tenure of the Board of Directors. It is the aforesaid election to the above- mentioned Board of Directors, conducted on 08
The main legal point established in the judgment is the violation of the petitioner's fundamental right to participate in the election process due to the inconsistency between Bye-law 24(viii) and Se....
The court established that the timely conduct of elections for office bearers in cooperative societies is a legal obligation, not subject to arbitrary delays.
The right to contest elections is a statutory right, not a fundamental right, and arbitrary term restrictions violate the autonomy of co-operative societies.
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
Elections to multi-state cooperative board must strictly follow bye-laws and Central Registrar clarifications.
The main legal point established in the judgment is that the power to countermand the election must be exercised only when the jurisdictional facts for its exercise exist, and the directions issued b....
The classification of a cooperative society as aided or unaided determines the authority responsible for conducting elections under the A.P. Cooperative Societies Act.
The appointment of an Administrator for a cooperative society cannot extend beyond one year without elections, infringing on statutory governance mandates.
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