Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(P&H) 81627

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sandeep Moudgil, J
Manjit Singh – Appellant
Versus
Joint Registrar, Co-operative Societies – Respondent
CWP-11137-2019

Advocates:
For the Appellants/Petitioners: DV Sharma, Arshdeep, Shivani Sharma
For the Respondents: Rajiv Verma, Pranav Chadha, Mayank Aggarwal, Ashwani Prashar

Appointments in cooperative societies must strictly adhere to statutory service rules; resolutions by a General Body cannot override mandatory eligibility criteria, and findings in earlier civil proceedings once attaining finality bar subsequent re-litigation under the principle of res judicata.

Headnote:(A) Punjab Cooperative Societies Act, 1961 - Section 68 - Punjab State Cooperative Agricultural Service Societies Service Rules, 1997 - Rule 6(1)(ii) - Appointment to the post of Secretary - Eligibility - Petitioner failed to possess the mandatory three years’ experience as Salesman - Conviction in criminal case - Disqualification - Resolution of General Body - Binding nature of statutory rules. (Paras 20, 22, 24)

(B) Writ Jurisdiction - Scope of interference - Administrative/Quasi-judicial orders - Principles of Natural Justice - Concurrent findings of statutory authorities - Jurisdiction of Deputy Registrar - Remand order - Finality of litigation - Res judicata - Section 11 of the Code of Civil Procedure, 1908. (Paras 35, 44, 49, 58)

Facts of the case:
The petitioner, a former Peon/Salesman of a cooperative society, challenged his ouster and the setting aside of his appointment as Secretary. His appointment was ratified by the Society's General Body, but departmental authorities set it aside due to lack of requisite experience (under 1997 Rules) and disqualification owing to a criminal conviction. A previous civil suit challenging the departmental inquiry had already been dismissed.

Findings of Court:
The Court held that the appointment was invalid as it violated mandatory rules regarding experience and moral turpitude/conviction disqualification. It further held that the challenge was barred by res judicata due to the dismissal of earlier civil proceedings and that the authorities acted within their supervisory jurisdiction under the Act.

Issues: Whether the appointment resolution was valid; whether the Deputy Registrar had jurisdiction; whether the challenge was barred by res judicata; and whether the impugned orders warranted interference.

Ratio Decidendi: Statutory rules governing cooperative societies are mandatory and cannot be overridden by resolutions of a General Body; additionally, a matter adjudicated by a competent civil court cannot be re-agitated in writ proceedings under the principle of res judicata. Result : Writ petition dismissed.

Table of Content
1. overview of procedural history and factual background regarding society appointment disputes. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. summary of rival contentions regarding jurisdictional competency and eligibility rules. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
3. analysis of service qualification requirements and the illegality of overriding statutes via general body resolutions. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27)
4. examination of supervisory jurisdiction and the validity of orders passed pursuant to remand. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40)
5. legal finality and bar on re-litigation based on res judicata principles. (Para 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50)
6. final determination on the scope of writ jurisdiction and the dismissal of the petition. (Para 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64)

1. The date when the judgment is reserved	27.02.2026
2. The date when the judgment is pronounced	24.04.2026
3. The date when the judgment is uploaded	27.04.2026
4. Whether only operative part of the judgment is pronounced or whether the full judgment is pronounced	Full
5. The delay, if any of the pronouncement of full judgment and reason thereof.	Not applicable

SANDEEP MOUDGIL, J

Prayer

1. The jurisdiction of this court has been invoked under Articles 226/227 of Constitution of India for issuance of writ in the nature of certiorari quashing the impugned order dated 05.02.2018 (Annexure P-13) and order dated 25.01.2019 (Annexure P-15) passed by Respondent no. 2 and Respondent no. 1 respectively.

The Conspectus Of Facts

2. The petitioner being duly qualified, having passed matriculation and obtained a certificate of training as Secretary/Salesman/Cashier from the Cooperative Department, Punjab in the year 1994 (Annexure P-1) applied for appointment with Khijrabad Multipurpose Cooperative Agricultural Service Society, District Mohali, a society registered under the Punjab Cooperative Societies Act, 1961 .

3. The petitioner was initially engaged as a Peon on daily wages by the Society in May 1996. Subsequently, on approval granted by the Deputy Registrar, Cooperative Societies, he was appointed as a Salesman in December 1996. In April 1997, upon suspension of the Managing Committee, Sh. Sewa Singh who took charge of the Society as an Administrator, by resolution dated 04.04.1997, reverted the petitioner from the post of Salesman to Peon and appointed respondent No. 3 as Salesman

4. The petitioner challenges the said reversion as being without jurisdiction and in violation of principles of natural justice, alleging that no approval from the competent authority was obtained and no opportunity of hearing was granted to him. It is the admitted position that the petitioner was involved in a criminal case registered on 01.12.2007 under Sections 308/323 IPC, and was convicted and sentenced to three years’ rigorous imprisonment & fine of Rs. 1000 was imposed by Additional Session Judge, Rupnagar vide order dated 19.10.2010. After his release, the petitioner approached the Society, and by resolution dated 16.02.2015, he was allowed to rejoin duties and was appointed as Secretary of the Society. The said action was also claimed to have been approved by the competent authority. His appointment as Secretary was ratified by the resolution of the General Body dated 30.12.2015.

5. Respondent No. 3 challenged the petitioner’s appointment by filing proceedings before the cooperative authorities. An enquiry was conducted, and the matter was adjudicated by the Deputy Registrar, Cooperative Societies Vide order dated 05.02.2018, the Deputy Registrar set aside the resolution dated 16.02.2015 (Annexure P-6), holding the appointment of the petitioner to be illegal. The petitioner assailed the said order by filing a petition before the Joint Registrar under Section 3 (4) of the Act however, the same was dismissed vid

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2026 Supreme(Online)(P&H) 81627

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHSandeep Moudgil, JManjit Singh – AppellantVersusJoint Registrar, Co-operative Societies – RespondentCWP-11137-2019

Appointments in cooperative societies must strictly adhere to statutory service rules; resolutions by a General Body cannot override mandatory eligibility criteria, and findings in earlier civil proceedings once attaining finality bar subsequent re-litigation under the principle of res judicata.

Cases Referred (3)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sandeep Moudgil, J
Manjit Singh – Appellant
Versus
Joint Registrar, Co-operative Societies – Respondent
CWP-11137-2019