Civil Writ Petition No.19933 of 2010 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.19933 of 2010 Date of decision: November 09, 2010. Kulbhushan Kumar ...Petitioner(s) v. State of Punjab & Ors. ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri G.S. Bal, Advocate, for the petitioner. Kanwaljit Singh Ahluwalia , J. (Oral): Issue notice of motion. Shri Amandeep Singh Manaise, Counsel for caveator – respondent No.5, accepts notice. Ms. Sudeepti Sharma, Senior Deputy Advocate General, Punjab, on the asking of the Court, accepts notice on behalf of respondents No.1, 2 and 4. Issuance of notice upon respondents No.3 and 6 is dispensed with, at this stage with the consent of Counsel for the parties. Labourfed – respondent No.3 issued election programme vide Annexure P-1. A perusal of election programme reveals that by 16.11.2010, resolution for participation of the authorized representatives is to be filed before the Election Manager, Labourfed. Hoshiarpur District Cooperative Labour and Construction Union Limited, Bahadurpur Chowk, Hoshiarpur is Civil Writ Petition No.19933 of 2010 -: 2 :- authorized to send one representative and the resolution to this effect has to reach the Election Manager of Labourfed on or before 16.11.2010. To facilitate this, a meeting of Board of Directors was to be held. Board of Directors admittedly consisted of five Directors, out of whom one Director has resigned. Shri Amandeep Singh Manaise has stated that the names of the Directors are Raghbur Kumar, Dhanesh, Anil Kumar and Kulbhushan Kumar (petitioner). It is stated that for holding a meeting, 15 days prior notice is required. Grievance made in the writ petition is that for sending the authorized representatives, by-passing this provision, hurriedly a meeting of the Board of Directors was held and a permission to this effect was granted by the Deputy Registrar, Cooperative Societies, Hoshiarpur. Only two Directors attended the meeting and passed the resolution Annexure P-4. A perusal of resolution Annexure P-4 reveals that those Directors who attended the meeting were Vice-chairman Raghbir Kumar and Dhanesh. They authorized Raghbir Kumar to participate in the election. The petitioner who is the Chairman of the Hoshiarpur District Cooperative Labour and Construction Union Limited has made a prayer in the instant writ petition that he and another Director Anil Kumar were not informed about the meeting, therefore, the meeting held in connivance with Deputy Registrar is not justifiable and proceedings recorded in pursuance of the same be quashed. After hearing Counsel for the parties, this Court is of the view that the proceedings Annexure P-4 are liable to be quashed. The same is accordingly quashed. The Deputy Registrar, Cooperative Societies, Hoshiarpur is directed to inform all the four Directors within three days from today and a fresh meeting of the Board of the Directors be convened Civil Writ Petition No.19933 of 2010 -: 3 :- on 15.11.2010 at 10 A.M. in the office of the Deputy Registrar, Cooperative Societies, Hoshiarpur and the resolution, so passed, duly counter-signed by the said Officer shall be furnished to the Labourfed on 16.11.2010 regarding the person who is authorized to participate in the election. Shri Manaise has raised an argument that the petitioner has a remedy to approach the Registrar, Cooperative Societies, Punjab. Considering the fact that the resolution has to reach Labourfed on 16.11.2010 and the Deputy Registrar had by-passed the normal procedure, this Court has come to the rescue of the petitioner. Deputy Registrar shall ensure strict compliance of this order. Disposed of. Copy of this order, duly attested under the signatures of the Bench Secretary, be handed over to Ms. Sudeepti Sharma for onward transmission and compliance. [Kanwaljit Singh Ahluwalia] November 09, 2010. Judge kadyan