Punjab-Haryana High Court
Madan Gopal Goel And Others vs U.T.Chandigarh And Others on 6 July, 2011
Author: Sabina
Bench: Sabina
CWP No. 11185 of 2011 1
In the High Court of Punjab and Haryana at Chandigarh
CWP No. 11185 of 2011
Date of decision: 6.7.2011
Madan Gopal Goel and others
......Petitioners
Versus
U.T.Chandigarh and others
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Narender Hooda, Advocate,
for the petitioners.
Mr.K.K.Sharma, Advocate,
for respondents No.1 to 3.
Mr.K.K.Gupta, Advocate,
for respondent No.4.
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SABINA, J.
The petitioners have filed this petition under Article 226 of the Constitution of India seeking quashing of the order dated 13.5.2011 issued on 8.6.2011 (Annexure P-18), whereby the Administrator had been appointed qua the respondent-society without giving any show cause notice or any opportunity of hearing to the petitioner.
The question that requires consideration is as to whether CWP No. 11185 of 2011 2 the present writ petition is not maintainable in view of alternate remedy of appeal available to the petitioners.
Learned counsel for the petitioners has submitted that since the impugned order had been passed in gross violation of the provisions of Section 27 of the Punjab Cooperative Societies Act, 1961 (the Act for short). Hence, the writ petition was maintainable.
Learned counsel for respondent No.4, on the other hand, has submitted that the term of the managing committee of the society had already expired in the year 2009 and hence, no notice was required to be issued to the petitioners in terms of Section 27 of the Act. Moreover, the petitioners could take recourse to the remedy of appeal provided under the Act.
As per Section 68 (1) (e) of the Act, an order made by the Registrar removing a committee under Section 27 of the Act was appealable. Since the remedy of appeal is available to the petitioners, the facts and circumstances of the case do not warrant interference by this Court. The petitioners can urge all the pleas available to them before the Appellate Court.
Accordingly, this petition is dismissed.
(SABINA) JUDGE July 07, 2011 anita