C.W.P. No.20680 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.20680 of 2008 DATE OF DECISION: DECEMBER 15, 2008 Labh Singh .....PETITIONER Versus State of Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Mr.I.S. Saggu, Advocate, for the petitioner. Ms.Poonam Sharma, Advocate, for Mr.Arvind Kashyap, Advocate, for the caveator-respondent No.4. .. JASWANT SINGH, J. Labh Singh-petitioner has filed this petition under Articles 226 and 227 of the Constitution of India for quashing the revisional order dated 11.11.2008 (Annexure P9) passed by the Secretary, Cooperation, Punjab (Exercising the powers of Government under Section 69 of the Punjab Cooperative Societies Act, 1961), with a further prayer for issuing direction to the respondents to regularize the membership of the petitioner with respondent No.6-Co-operative Society, being legal heir of Inder Singh @ Inder Ram son of Shri Mangal Singh, by upholding the appellate order dated 27.5.2008 (Annexure P8) passed by Joint Registrar (Farming), Cooperative Societies, Punjab,Chandigarh. In the present case, undisputedly, respondent No.6-The C.W.P. No.20680 of 2008 -2- Hallotali Scheduled Caste Cooperative Land Owning Society Limited was registered vide registration No.901 dated 18.5.1962. At the time of registration, there were 11 members in the Society, including Inder Singh @ Inder Ram son of Shri Mangal Singh and Gurbax Singh @ Gurbax Ram son of Inder Singh, father and brother of the petitioner. The said Society was allotted certain land by the Government for utilization by its members. It appears that Labh Singh-petitioner was admitted as a member of respondent No.6-Society on 8.10.1993 on account of his being legal heir to Inder Singh @ Inder Ram, who had died on 26.3.1978. Aggrieved against the same, a complaint was filed by respondent No.7- Jarnail Singh @ Jaila Ram son of Bant Singh son of Inder Singh @ Inder Ram to the Registrar, Cooperative Societies, Punjab alleging that he was the nominee of Inder Singh @ Inder Ram and he should have been made a member in place of Inder Singh @ Inder Ram, whereas Labh Singh was illegally made a member of the Society in place of Inder Singh @ Inder Ram, though he was not nominated at all by Inder Singh @ Inder Ram. On the said complaint, Registrar, Cooperative Societies, Punjab marked an enquiry to the Assistant Registrar, Cooperative Societies (respondent No.5). Respondent No.5 after examining the record found as under:- “After examining the concerned record of the Society it is come to notice that Hallotali Scheduled Caste Cooperative Land Owning Society Ltd. Hallotali was registered vide registration No.901 dated 18.05.1962. At the time of registration there were 11 members in the society. As per the membership register, Sr.No.5 against the name of Gurbax Ram s/o Inder Ram, age 25 years, his brother Labh Singh was shown as his nominee and at Sr.No.6 against the name of Inder Ram s/o Mangal Ram, age 50 years, Sh. Jaila Ram, his grandson has been nominated his C.W.P. No.20680 of 2008 -3- nominee. As per the membership register of the society Labh Singh s/o Inder Ram, Post Office Nandpur Kanso has been shown to be admitted as member on 08.10.1993 and it has been shown as legal heir of Gurbax Ram s/o Inder Ram at Sr.No.5. This member has been admitted in illegal manner because Gurbax Singh s/o Inder Ram is still alive and as per the record of the Society no resolution has been passed for admitting Labh Singh as member and there is no entry in the record of the society from which it can be shown that Gurbaksh Ram s/o Inder Ram has given his consent for admitting Labh Singh as member during his life time. Apart from this the land which is in possession of Labh Singh, which is the share of Inder Ram s/o Mangal Ram and as per the record actual legal heir is Jaila Ram because Inder Ram s/o Mangal Ram had died and after his death Sh.Jaila Ram, who has been shown as his nominee in the record has right to be admitted as member in the society. Keeping in view the above said I arrived at the conclusion that the admission of Labh Singh s/o Inder Ram as member in the society is in illegal manner and Sh. Jaila Ram s/o Bant Singh, who has been mentioned as legal heir of Inder Ram s/o Mangal Ram, is to be admitted as member in the Society.” The petitioner challenged the aforesaid enquiry report dated 20.6.2006 by filing a reference under Sections 55 and 56 of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as `the Act') before the Deputy Registrar, Cooperative Societies, Patiala. The Deputy Registrar, Cooperative Societies vide its order dated 5.10.2007 (Annexure P7) upheld the enquiry report dated 20.6.2006 and recorded a finding that Jarnail Singh @ Jaila Ram (respondent No.7 herein) is the legal heir of Inder Singh @ Inder Ram as per record of the Society and after his death he has a right to be admitted as a member and the admission of Labh Singh (petitioner) as a C.W.P. No.20680 of 2008 -4- member in place of Inder Singh @ Inder Ram was illegal. Aggrieved against the aforesaid order, Labh Singh filed an appeal under Section 68 of the Act before the Joint Registrar (Farming), Cooperative Societies, Punjab,Chandigarh, who vide order dated 27.5.2008 (Annexure P8) accepted the appeal and set aside the order dated 5.10.2007 passed by the Deputy Registrar, Cooperative Societies as well as the enquiry report dated 20.6.2006 passed by the Assistant Registrar, Cooperative Societies, while observing that Labh Singh-petitioner could be expelled/removed, as per by-laws of the Society, from the primary membership only if he was disqualified on the ground mentioned in the by- laws. Since Labh Singh had not incurred any disqualification, therefore, Joint Registrar (Farming), Cooperative Societies, Punjab proceeded to set aside the order dated 5.10.2007 and the Enquiry Report dated 20.6.2006. Dissatisfied, Jarnail Singh @ Jaila Ram filed a revision under Section 69 of the Act against the Appellate Court's order dated 27.5.2008. The learned revisional Court allowed the revision and the order passed by the Appellate Court was set aside, and the order dated 5.10.2007 passed by the Arbitrator as well as the enquiry report dated 20.6.2006 were upheld, and it was held that Jarnail Singh @ Jaila Ram, after the death of Inder Singh @ Inder Ram, was entitled to become a member of the Society being nominee of Inder Singh @ Inder Ram and he should have been made a member in place of Inder Singh @ Inder Ram. After hearing the counsel for the petitioner and the counsel for the caveator-respondent No.4 and going through the impugned order, we do not find any ground to interfere with the said order in exercise of the writ jurisdiction. It is undisputed that Inder Singh @ Inder Ram during his life C.W.P. No.20680 of 2008 -5- time had nominated Jarnail Singh @ Jaila Ram as his nominee and Gurbax Singh son of Inder Singh @ Inder Ram had nominated petitioner-Labh Singh as his nominee. It is also undisputed that when the petitioner was enrolled as a member on 8.10.1993, Gurbax Singh (petitioner's brother) was alive and the petitioner got himself enrolled as a member in place of Inder Singh @ Inder Ram, whereas he was not the nominee of Inder Singh @ Inder Ram. On the complaint made by Jarnail Singh @ Jaila Ram, it was found that the petitioner had illegally got himself enrolled as a member being legal heir of Inder Singh @ Inder Ram, though as per the record of the Society, Jarnail Singh @ Jaila Ram was nominated as nominee of Inder Singh @ Inder Ram. During the course of hearing, counsel for the petitioner could not dispute the fact that only Jarnail Singh @ Jaila Ram was the nominee of Inder Singh @ Inder Ram and the petitioner was never nominated by him. However, learned counsel for the petitioner, to show that the petitioner was rightly inducted as a member of the Society, relied upon Civil Court decree (Annexure P2) in which petitioner Labh Singh was found in possession of the part of the land belonging to the Society and got an injunction in his favour against respondent Noi.7-Jarnail Singh @ Jaila Ram. In our opinion, in the decree only the question of possession was decided, but the issue in the present petition is whether the petitioner was entitled to be enrolled as a member of the Society in place of Inder Singh @ Inder Ram, being his legal heir. Since Inder Singh @ Inder Ram during his life time had nominated Jarnail Singh @ Jaila Ram, therefore, after his death, he was entitled to be enrolled as a member of the Society. In our opinion the authorities below have rightly come to the conclusion that the induction of the petitioner as a C.W.P. No.20680 of 2008 -6- member of the Society in place of Inder Singh @ Inder Ram was wholly illegal and without any basis. Therefore, we do not find any ground to interfere with the said order. Dismissed. ( JASWANT SINGH ) JUDGE December 15, 2008 (SATISH KUMAR MITTAL) vkg JUDGE