Civil Writ Petition No. 15585 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 15585 of 2009 Date of Decision: 12.7.2010 Rakesh Kumar and Others …Petitioners Versus The Secretary, Co-operation, Union Territory, Chandigarh and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. B.P.S. Virk, Advocate for the petitioners. Mr. Karan Bhardwaj, Advocate for respondents No.1 and 2. None for respondent No.3. Kanwaljit Singh Ahluwalia, J. (Oral) Four members of the Managing Committee of Chandigarh Saravhitkari Co-operative House Building Society Limited, Chandigarh (hereinafter referred to as “the Society”) have assailed impugned order dated 15.7.2009 (Annexure P6), whereby the Managing Committee was removed and Smt. Deepak Vashistha, Inspector Grade(II) (General), Co-operative Societies, Union Territory, Chandigarh, was appointed as its Administrator. The petitioners have made the following two fold grievance:- A) That impugned order dated 15.7.2009 (Annexure P6) was passed without issuing any Show Cause Civil Writ Petition No. 15585 of 2009 2 Notice and affording any opportunity of hearing to the Managing Committee. B) That impugned order (Annexure P6) is punitive in nature, as removal of members of the Managing Committee shall be construed as disqualification to hold any office in the Managing Committee, in future. In the written statement, filed by respondents No.1 and 2, a categoric stand has been taken that the term of Managing Committee has expired, therefore, no Show Cause Notice was required to be issued for removal of the time barred Managing Committee. It is further stated that the bye-laws do not permit extension of Managing Committee after the expiry of term. I have heard learned counsel for the parties. This Court is of the view that after the expiry of a term, no fault can be found with the appointment of Administrator. However, since, no opportunity of hearing was afforded to the petitioners, who were members of the Managing Committee, impugned order dated 15.7.2009 (Annexure P6) would not be construed to their detriment as it is well settled that the rights of any person cannot be adversely affected, until the principles of natural justice are followed. Therefore, impugned order (Annexure P6) shall not fasten the petitioners with any handicap until any opportunity of hearing is afforded to them. This Court is of the further view that the Society must be allowed to manage its affairs. It is a democracy at a grass-root level, therefore, the management of the affairs of the Society by the Civil Writ Petition No. 15585 of 2009 3 Administrator for an unlimited period is no answer. In these circumstances, respondents No.1 and 2 are directed to ensure that fresh election of the Managing Committee of the Society is conducted within a period of three months, from the date of receipt of a certified copy of this order. With the observations made above, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge July 12, 2010 “DK”