COCP No. 713 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 713 of 2010 Date of Decision: August 02, 2010 Bejul Somaia and another ......... Petitioners versus Manik B. Somawane and others .......... Respondents 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present:- Ms. Jaishree Thakur, Advocate for the petitioners. Mr. Aman Chaudhary, Addl. Advocate General, Haryana. Mr. Lokesh Sinhal, Advocate and Ms. Bhupinder Kaur, Advocate for respondents No. 5 and 7 HEMANT GUPTA, J. This Court in CWP No. 3648 of 2007 was seized of the legality of Rule 34 of Appendix 'A' of the Haryana Co-operative Societies Rules, 1989, wherein such Rule was declared to be ultra vires of Section 131(2)(x) of the Haryana Co-operative Societies Act, 1984 ( for short “the Act”). It was also held that in terms of Section 20 of the Act, a member would have as many votes as number of candidates to be elected and the next elections of the Society must be held in accordance with law. COCP No. 713 of 2010 [2] The grievance of the petitioner is that in Para No. 21 of the judgment in the aforesaid writ petition, the statement made by the learned counsel for the State Government was recorded that the tenure of the Managing Committee has expired and that election is likely to be held again. It is, thus, contended that since election of the Managing Committee has not been held in terms of the law held by the Division Bench of this Court, respondents have intentionally violated the order passed by this Court. In short reply filed way of affidavit of Financial Commissioner & Principal Secretary to Government of Haryana, Co-operation Department, it has been pointed out that election of the Managing Committee of the Saraswati Kunj Cooperative House Building Society Ltd., Waziraband, Gurgaon (for short “the Society”) was held in the year 2007 in compliance with the orders dated 25.01.2007 passed by this Court in CWP No. 17066 of 2006 titled Iftikkar Hussan vs. State of Haryana. As per constitution of the Society, the tenure of the Managing Committee is five years and the next election is to be held in the year 2012. Learned counsel for the petitioners has filed a rejoinder pointing out that, in fact, Managing Committee of the Society has been suspended and a committee of three persons has been constituted as Administrator of the Society. It is, thus, contended that instead of holding the elections of the Managing Committee, the respondents have appointed three persons /officers as Administrators to run the affairs of the Society which is in violation of the order passed by this Court. Learned counsel for the petitioners could not dispute the fact that in terms of the constitution of the Society, the tenure of the Managing COCP No. 713 of 2010 [3] Committee is five years. If the elections were held in the year 2007, as a natural consequence of the undisputed fact, the next election of the Managing Committee of the Society is due only in the year 2012. The statement made by learned counsel for the State Government before this Court that the tenure of the Managing Committee of the Society has come to an end is of no consequence as the said statement appears to be on account of mistake Rule 34 of Appendix A of the Rules was declared ultra vires of Section 131(2)(x) of the Act, de hores the said statement. In view of the said fact, non holding of election soon after the order was passed by this Court in the aforesaid writ petition, cannot be said to an action of violating the order passed by this Court. However, in respect of the constitution of the Committee of Administrators to run the affairs of the Society, Mr. Aman Chaudhary, learned Additional Advocate General, Haryana, states, on instructions of Shri Ram Singh Bishnoi, Additional Registrar, Co-operative Societies Haryana, Panchkula, who is present in the Court, that the Managing Committee of the Society has been suspended and a final decision is required to be taken within six months in terms of Section 34 of the Act. If it is held that the Managing Committee is not entitled to be reinstated, the election shall be held within three months of the order to be passed by the Registrar, Co-operative Societies, in terms of the aforesaid provisions of the statute. In view of the said fact, present contempt petition is disposed of with a direction to the respondents to complete the inquiry into the suspension of the Managing Committee of the Society within six months i.e., on or before 05.11.2010 and in the event the Registrar is, prima facie, of COCP No. 713 of 2010 [4] the opinion that the Managing Committee is to be suspended then conduct election of the Managing Committee within next three months. August 02, 2010 ( HEMANT GUPTA ) ks JUDGE