IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 6766 of 2011 (O&M) Date of Decision: September 06, 2011 The Swati Co-operative House Building (1 st ) Society Ltd. ….Petitioner Versus Union Territory, Chandigarh and others. … Respondents CORAM: HON’BLE MR. JUSTICE ALOK SINGH Present: Mr. Surender Lamba, Advocate, for the petitioner. Mr. Kamal K. Sharma, Advocate, for the respondents. Mr. J.S. Yadav, Advocate, for the applicants. 1. Whether reporters of local news papers may be allowed to see judgment? Yes 2. To be referred to reporters or not? Yes 3. Whether the judgment should be reported in the Digest? Yes Alok Singh, J. (Oral) Present writ petition is filed challenging order dated 21.07.2009 (Annexure P/3) and order dated 13.04.2011 (Annexure P/5). Record reveals that vide order dated 21.07.2009 (Annexure P/3), Registrar, Co-operative Societies, Union CWP No. 6766 of 2011 Territory, Chandigarh, has decided to limit the tenure of the Management Committee of the Co-operative Societies for a period of one year (12 months) only. Undisputedly, election of the Management Committee was held on 29.01.2008. Petitioner has filed earlier Civil Writ Petition No. 12065 of 2009 challenging Annexure P/3 whereby tenure of the Society was reduced from three years to one year and has also sought relief to the effect that Management Committee of the petitioner society should be allowed to function for three years as per the Bye-laws of the Society. This Court on 11.08.2009 in Civil Writ Petition No. 12065 of 2009 has passed the following order:- “Notice of motion for 11.9.2009. Parties to appear before the Registrar (Judl.)- 1 for completion of service/pleadings. In the meantime, no action shall be taken against the petitioner-society on the basis of the impugned order.” Earlier writ petition was dismissed as withdrawn unconditionally, on 14.03.2011. In view of the withdrawal of the earlier Civil Writ Petition No. 12065 of 2009 vide order dated 14.03.2011 unconditionally, tenure of the Co-operative Society shall remain one year as directed vide Annexure P/3, therefore, 2 CWP No. 6766 of 2011 once again by way of second/present petition, petitioner cannot be permitted to challenge Annexure P/3 which was subject matter of challenge in earlier writ petition. Mr. Kamal K. Sharma, learned counsel appearing on behalf of the respondents including the alleged Administrator – respondent No.4 has stated at the bar that Administrator did not take charge of the Management Committee of the Society and the Management Committee of the Society continued to function till 29.01.2011 because of stay order passed by this Court in C.W.P. No. 12065 of 2009. Learned counsel for the petitioner states that after 29.01.2011, Management Committee of the petitioner Society under the President of Ranvir Singh Lamba has no legal authority to continue in the management since three years tenure of the Management Committee stood expired on 29.01.2011. Management Committee of petitioner society continued for three years under the interim order of this Court dated 11.08.2009 passed in CWP No. 12065 of 2009. However, fact remains that tenure of three years also stood expired on 29.01.2011. After the dismissal of CWP No. 12065 of 2009 on 14.03.2011, by Annexure P/5, Management Committee of the petitioner society was 3 CWP No. 6766 of 2011 directed to hand over the complete charge of the society to the Administrator appointed by the Registrar. In view of the completion of the tenure of the Management Committee of the petitioner society and in view of the dismissal of earlier Civil Writ Petition No. 12065 of 2009 as withdrawn, petitioner has no locus to challenge Annexure P/5 dated 13.04.2011 as well. Petition is, thus, not maintainable and is dismissed as such. However, keeping in mind welfare of the Co-operative Societies, it is directed that Administrator shall ensure the election of the Management Committee of the Society as per Bye-laws and shall complete all the formalities and shall hold the election in any case within three months from today. Petitioner shall hand over entire record to respondent No.3 forthwith. September 06, 2011 ( Alok Singh ) vkd Judge 4