IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.750 of 2011 (O&M) Date of decision: 28.4.2011 Rajwant Singh & others. -----Appellants. Vs. State of Punjab & others. -----Respondents. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE SURYA KANT Present:- Mr. M.S. Kang, Advocate for the appellant. --- ADARSH KUMAR GOEL, J. 1. This appeal has been preferred against order of learned Single Judge dismissing the writ petition of the appellants against resolution passed by The Sangatpura Multipurpose Coop. Service Society Ltd., Sangatpura, respondent No.5 appointing its office bearers out of its members and also co-opting a Harijan member in its meeting held on 8.8.2008. 2. Case of the appellants is that as per directions of the Assistant Registrar, Cooperative Societies dated 18.6.2007 under Section 26-A of the Punjab Cooperative Societies Act, 1961, the society was required to co-opt a Harijan member before appointing its office-bearers. For this purpose, properly convened L.P.A. No.750 of 2011 meeting was necessary of which notice was required to be duly served. Contrary to this requirement, notice was issued but was not served upon the members. As a result thereof, the petitioners could not attend the meeting and in their absence, the remaining members took decision which was invalid. 3. The stand taken in the writ petition was disputed on behalf of the society and it was stated that the notice was duly issued but the petitioners did not receive the same and thus, the same amounted to service. The resolution was upheld up to the revisional authority i.e. Financial Commissioner (Co-operation), Punjab. 4. Learned Single Judge after considering the pleadings and rival contentions held that the requisite notice was duly issued and proceedings conducted were valid and were rightly upheld upto the Financial Commissioner. The members present in the meeting constituted majority and no prejudice was caused to the petitioners. The finding recorded is as under:- “…….As regards his plea that there was violation of Rule 80 inasmuch as fifteen days clear notice was not given, the same is without any merit. It is evident from the record that agenda was circulated on 23.07.2008, Annexure P-2/T and on expiry of fifteen days thereafter, a meeting of the Committee was held wherein co-option took place and office bearers were also elected. There can be thus, no doubt that there was compliance of Rule 80 of the Rules. As regards the submission made by learned counsel that co- option and election could not have taken place on the same date as the harijan member who was co-opted was fully 2 L.P.A. No.750 of 2011 eligible to contest the election in terms of Section 26-A (3), suffice is to say that no such plea was taken by the harijan member who was co opted in the said meeting. He neither showed any inclination to contest the election nor challenged the resolution dated 08.08.2009. It is thus clear that the petitioners are trying to espouse the cause of Gurdip Singh, the member who was co opted despite the fact that he never raised a dispute. Learned counsel has not been able to show that respondents were not in majority as observed by respondents No. 1 & 2 in the impugned orders. In the eventuality that the respondents were in majority, it can be safely said that no prejudice has been caused to the petitioners.” 5. We have heard learned counsel for the appellants. 6. Learned counsel for the appellants submits that there is no finding of notice having been served on the petitioners and in any case, there is violation of directions of the Assistant Registrar for first co-opting a Harijan member and dividing the offices. 7. We are unable to accept the submission. Learned Single Judge has clearly held that agenda was duly circulated which amounts to service. The petitioners could not take the plea about Harijan member being first co-opted and they are not affected thereby. 8. In view of above, we do not find any ground to interfere with the view taken by learned Single Judge. The appeal is dismissed. 3 L.P.A. No.750 of 2011 (ADARSH KUMAR GOEL) JUDGE April 28, 2011 ( SURYA KANT ) ashwani JUDGE 4