Punjab-Haryana High Court
Chamkaur Singh And Others vs State Of Punjab And Others on 12 April, 2013
Author: Ajay Kumar Mittal
Bench: Ajay Kumar Mittal, Gurmeet Singh Sandhawalia
LPA No.735 of 2013 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANAAT
CHANDIGARH
LPA No.735 of 2013 (O&M)
Date of decision: April 12, 2013
Chamkaur Singh and others
Appellants
Versus
State of Punjab and others
Respondents
CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
HON'BLE MR. JUSTICE GURMEET SINGH SANDHAWALIA
Present: Mr. M.S.Kang, Advocate for the appellants.
Ajay Kumar Mittal,J.
1. Challenge in this Letters Patent Appeal is to the order dated March 21, 2013 passed by learned Single Judge whereby the appellants have been relegated to the remedy of filing an appeal under the Statute against the order dated 15.10.2012 which was impugned in the writ petition.
2. A few facts relevant for the decision of the controversy involved, as narrated in the appeal, may be noticed. In the year 1978, Jalalabad Sharki CASS Limited and Lohgarh CASS Limited were amalgamated to form the Jalalabad Sharki Multipurpose Cooperative Agriculture Society Limited under Section 13 of the Punjab Cooperative Societies Act, 1961 (in short, "the Act"). The society had LPA No.735 of 2013 (O&M) 2 808 members - 486 members from Jalalabad Sharki and 322 from Village Lohgarh. Since amalgamation in the year 1978, the society had been functioning to the complete satisfaction of all the members. The Deputy Registrar, Cooperative Societies, Moga was ordered by the Chief Minister, Punjab in Sangat Darshan to divide the society into two societies as they existed before amalgamation in the year 1978. He recommended the case for separating Lohgarh Society to the Joint Registrar, Cooperative Societies, Ferozepur. The said recommendation was returned by the Joint Registrar as it was not supported by a resolution of the society as required under Section 13 of the Act but later on he passed order dated 3.11.2011 without insisting for resolution. According to the appellants, the order dated 3.11.2011 was passed under political pressure. The managing committee challenged the order passed by the Joint Registrar, Cooperative Societies by filing revision petition before the Special Secretary Cooperative, Punjab. The same was allowed vide order dated 16.1.2012, Annexure P.3 with the direction that the competent authority shall pass an order for proposed bifurcation of Jalalabad Society and send a copy thereof to the Secretary to the Jalalabad Society and the creditors, invite objections as provided under the provisions of the Act and then pass the final order after hearing and disposing of all the objections and resolution, if any, passed by the Jalalabad Society. After remand of the case, the competent authority i.e. Assistant Registrar, Cooperative Societies, Moga did not pass any order dividing the society by following the procedure prescribed LPA No.735 of 2013 (O&M) 3 under Section 13 of the Act. However, under the pressure of the order made in Sangat Darshan received through Deputy Registrar, Moga, he registered Lohgarh as separate society and issued a certificate to that effect vide order dated 6.6.2012, Annexure P.5. The society and the appellants challenged the said order by filing revision petition which was dismissed vide order dated 18.9.2012 on the ground that there was no resolution authorizing filing of the revision petition. However, later on permission was granted to file revision petition again after proper authorization. The revision petition was filed and notice was issued for 6.11.2012. To stop the committee members from obstructing completion of division of the society, the Assistant Registrar Cooperative Societies, Moga issued show cause notice under Section 27(1) of the Act and placed the committee under suspension by a composite order dated 15.10.2012, Annexure P.6. The petitioners filed the Civil Writ Petition challenging Annexure P.6 dated 15.10.2012. The learned Single Judge issued notice of motion and stayed operation of impugned order by its order dated 19.10.2012. After the filing of written statement, the learned Single Judge disposed of the writ petition by order dated 21.3.2013 by relegating the appellants to the remedy of filing appeal against the order impugned. Hence the instant appeal.
3. Learned counsel for the appellants made submission that alternative remedy was not efficacious as the appellate authority was interested in completing division of Lohgarh society in view of the Sangat Darshan order received by respondent Nos. 2 and 3. LPA No.735 of 2013 (O&M) 4
4. After hearing learned counsel for the appellants and perusing the order passed by learned Single Judge, we find that the order is just and reasonable.
5. We are not impressed with the submission made by learned counsel for the appellants. Section 68 of the Act provides for filing of appeals against the orders passed under various provisions of the Act. Appeal against order Annexure P.6 is competent before the Deputy Registrar, Cooperative Societies, Moga. The averments of the petitioners in the writ petition that the appellate authority would be biased because of Sangat Darshan order received by it has been denied by the respondents in the written statement. The appellants have only expressed apprehension that the action was based on some order made in Sangat Darshan without substantiating the plea by producing any such order on record. In the absence of any material to substantiate the plea so raised by the appellants, the same is rejected.
6. In view of the above, we do not find any ground or justification to interfere in the order passed by the learned Single Judge. No variation is, thus, required in the impugned order. Accordingly, the appeal is dismissed.
(Ajay Kumar Mittal)
Judge
April 12, 2013 (Gurmeet Singh Sandhawalia)
'gs' Judge