IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-32122-2025 (O&M)

Date of Decision:31.10.2025 GURBINDER SINGH AND OTHERS ....Petitioner(s)

Versus STATE OF PUNJAB AND OTHERS .....Respondent(s)

CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. D. V. Sharma, Senior Advocate assisted by Ms. Shivani Sharma, Advocate for the petitioners.

Ms. Shruti, AAG, Punjab.

Mr. Arun Gosain, Advocate, for respondent No.6.

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JASGURPREET SINGH PURI , J. (Oral)

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 certiorari for quashing the orders dated 13.03.2025 (Annexure P-6) passed by Joint Registrar, Co-operative Societies, Patiala and order dated 23.09.2025 (Annexure P-11)

passed by Additional Registrar (General), Co-operative Societies, Punjab.

2. Mr. D. V. Sharma, learned Senior Counsel with Ms. Shivani Sharma, Advocate appearing on behalf of the petitioners submitted that it is a case where the petitioners were the Directors of respondent No.6-The Ludhiana District Co-operative Milk Producers Union Limited, Ludhiana and the elections in this regard were conducted in the year 2021, whereby they were elected as Directors but a dispute arose with regard to the election to the post of Chairman of the aforesaid Union which was not being held on various occasions. He submitted that meetings were conducted for the purpose of election of the Chairman of the Board and there were allegations made against the petitioners on the basis of the report submitted by the Deputy Registrar, Co- operative Societies that they misconducted in the meeting and had snatched away the record from the Chairman and did not let the meeting commence and various other allegations were made against the petitioners and in this way, on the basis of the report which was submitted by the concerned Deputy Registrar, Co-operative Societies, a show cause notice under Section 27(1) of the Punjab Co-operative Societies Act, 1961, was issued to the petitioners by the Joint Registrar, Co-operative Societies vide Annexure P-4 dated 30.04.2024 and vide the same show cause notice, they were also suspended. He submitted that a separate writ petition was filed by the petitioners challenging the aforesaid suspension and the same was dismissed and in the LPA, notice of motion has already been issued but on the basis of the aforesaid show cause notice since it was to show cause as to why they may not be removed from the post of Director of the Board of Directors, the petitioners filed a detailed reply vide Annexure P-5 by stating that in fact it was not that the petitioners who had misconducted themselves or had snatched away the record but it was the other Directors who did so and in this regard even a pen drive was also attached along with the reply which was shown to the Joint Registrar, Co-operative Societies. Thereafter, on the basis of the show cause notice and the reply being submitted by the petitioners, the Joint Registrar, Co-operative Societies vide Annexure P-6 passed an order by which the petitioners were removed from the post of Director of the aforesaid Union.

3. He submitted that thereafter, the petitioners filed a statutory appeal under Section 68 of the Punjab Co-operative Societies Act, 1961 before the Registrar, Co-operative Societies, Punjab. The Registrar, Co-operative Societies, Punjab thereafter referred the matter to the Additional Registrar (General), Co-operative Societies for adjudication and in this way, the Additional Registrar (General), Co-operative Societies passed an order in appeal vide Annexure P-11 and dismissed the appeal.

4. Learned Senior Counsel further submitted that although there are various other grounds available with the petitioners to challenge both the orders passed by the Joint Registrar, Co-operative Societies and the Additional Registrar (General), Co-operative Societies but at this stage he is limiting the scope of the present petition only to