Civil Writ Petition No.8952 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.8952 of 2011 Date of Decision:20.05.2011 Capt. A.S.Mamli ......Petitioner Versus Financial Commissioner and others .....Respondents CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr.Surender Singh Dalal, Advocate, for the petitioner. **** M EHINDER S INGH S ULLAR , J.(oral) This case has a chequered history, having completed many rounds of litigation. Ultimately, the General House of the Society resolved a number of times, for holding the election, after the expiry of the term of Administrator, appointed by the Government and lastly reiterated vide its resolution dated 30.01.2011, but the election could not be held for one reason or the other. 2. Finding no alternative, the Financial Commissioner & Principal Secretary to the Govt. of Haryana, Cooperation Department(for brevity “the Secretary”) passed the impugned order dated 14.03.2011(Annexure P-7), which reads as under:- “In exercise of the powers conferred under Section 122 of the Haryana Cooperative Societies Act, 1984 as amended and all other powers enabling him in this behalf, the Governor of Haryana is pleased to extend the tenure of the Board of Administrators of the Indian Airlines Pilots Cooperative House Building Society Ltd. Sukhrali, Gurgaon, for a period of six months from 20.1.2011 to 20.7.2011 or till the election is held, whichever is earlier.” 3. The petitioner claiming himself to be a member of the respondent- Society, did not feel satisfied and preferred the instant writ petition, challenging Civil Writ Petition No.8952 of 2011 2 the impugned order(Annexure P-7), invoking the provisions of Articles 226/227 of the Constitution of India. 4. After hearing the learned counsel for the petitioner, going through the record with his valuable help and after considering the entire matter deeply, to my mind, there is no merit in the present petition in this regard. 5. Ex facie, the argument of the learned counsel that the impugned order(Annexure P-7) passed by the Secretary is beyond the scope of Section 122 of the Haryana Cooperative Societies Act, 1984(hereinafter to be referred as “the Act”), is not only devoid of merit but misplaced as well. 6. What is not disputed here is that the Government has appointed the Administrator to smoothly run the affairs of the respondent-Society and ultimately it passed resolution dated 30.01.2011 and resolved to hold the election. The election could not be held for one reason or the other. In these circumstances, the Secretary did not have any other option, but to extend the tenure of the Board of Administrators for a period of six months w.e.f. 20.01.2011 to 20.07.2011 or till the election is held, whichever is earlier. 7. Meaning thereby, once the election of the respondent-Society is held, the effect of the impugned order would automatically ceased to operate. Therefore, to me, no ground for interference in the impugned order(Annexure P-7), in exercise of writ jurisdiction of this Court, is made out in the obtaining circumstances of the case. 8. In the light of aforesaid reasons, as there is no merit, therefore, the instant writ petition is hereby dismissed as such. May 20, 2011 (MEHINDER SINGH SULLAR) seema JUDGE