Civil Writ Petition No.23198 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.23198 of 2011 Date of Decision:13.12.2011 Vijay Mohan and another ......Petitioners Versus The Haryana Dairy Development Federation Limited and another .....Respondents CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr.Pritam Saini, Advocate, for the petitioners. **** M EHINDER S INGH S ULLAR , J.(oral) Tersenessly, the facts, culminating in the commencement, relevant for disposal of the present writ petition and emanating from the record are that, the Chief Executive Officer, Milk Federation, Ambala, circulated a notice of the meeting of the Managing Committee along with agenda Item No.2, to consider the matter of election of the Chairman of the Milk Federation Ambala, by means of impugned notice dated 28.11.2011(Annexure P-1). Although, the meeting was scheduled to be held on 14.12.2011, but inadvertently it was written in the notice as 14.11.2011. The notice/agenda was duly circulated to all the Directors, including the petitioners. 2. As soon as, the fact of wrong mentioning of the date of convening the meeting on 14.12.2011 came to the notice, the Chief Executive Officer issued corrigendum on 02.12.2011(Annexure P-2) in continuation of earlier impugned notice(Annexure P-1), which in substance is as under:- “Sub: Meeting of the Managing Committee to be held on 14.12.2011. Sir, Civil Writ Petition No.23198 of 2011 2 In continuation of this office letter No.MUA/BOD/2011/6539-50 dated 28.11.2011. Managing Committee of the Ambala District Milk Producers Co-operative Federation Limited, Ambala, to be held on 14.11.2011 at 11.30 A.M. In the office of the Producers Federation, Ambala, may be read as 14.12.2011. Therefore, the meeting shall be held on 14.12.2011 at 11.30 A.M. in the office of the Milk Federation, Ambala. Apart from it, in the agenda notes already circulated, 14.12.2011 may be read in place of 14.11.2011. The error is regretted.” 3. Taking the benefit of error in the date of convening the meeting as 14.11.2011 (instead of 14.12.2011) in the notice, the petitioners have preferred the present writ petition, challenging the entire election process, invoking the provisions of Articles 226/227 of the Constitution of India. 4. After hearing the learned counsel for the petitioners, going through the record with his valuable help and after deep consideration of the entire matter, to my mind, there is no merit in the instant writ petition in this context. 5. However, the argument of the learned counsel that since, the Chief Executive Officer has issued the new agenda vide notice/letter(Annexure P-2), so, the process of election to be held on 14.12.2011 is nullity, for want of statutory notice, is not only devoid of merit but misplaced as well. 6. As is evident from the record that, the Chief Executive Officer has duly issued agenda, to convene the meeting on 14.12.2011, to consider the matter of the indicated election, by way of notice dated 28.11.2011(Annexure P-1), but due to clerical error, the date of meeting was wrongly mentioned as 14.11.2011 instead of 14.12.2011. As soon as, the error was noticed, he(Executive Officer) rectified the typographical mistake and issued corrigendum(Annexure P-2) in continuation of earlier notice/letter(Annexure P-1), to read the date of meeting as 14.12.2011 instead of 14.11.2011. 7. Therefore, to me, the corrigendum(Annexure P-2) issued in continuation of earlier notice/letter(Annexure P-1) cannot possibly be termed to be Civil Writ Petition No.23198 of 2011 3 a fresh agenda, to convene the meeting on 14.12.2011, as urged on behalf of the petitioners. It is only a letter rectifying the earlier typographical error. Moreover, as the agenda was duly circulated to all the Directors, including the petitioners, therefore, they(petitioners) are not going to be prejudiced, in any manner, in this relevant connection. Above all, the democratic process of election of such institution cannot possibly be stayed on such hyper-technical ground of the indicated mistake. 8. In the light of aforesaid reasons, as there is no merit, therefore, the instant writ petition is hereby dismissed in the obtaining circumstances of the case. December 13, 2011 (MEHINDER SINGH SULLAR) seema JUDGE