IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.729 of 2010 (O&M) Date of decision: 14.7.2010 Madan Gopal Goyal & others. -----Appellant. Vs. Union Territory, Chandigarh & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. Narender Hooda, Advocate for the appellants. Mr. K.K. Gupta, Standing Counsel for U.T., Chandigarh. --- ADARSH KUMAR GOEL, J. 1. This appeal has been preferred against interim order of learned Single Judge in writ petition filed by the appellants. 2. Case of the appellants - writ petitioners is that an Administrator has been appointed by the Registrar, Cooperative Societies under Section 27 of the Punjab Cooperative Societies Act, 1961, as applicable to the Union Territory, Chandigarh removing the management, on the ground that the term of the elected Managing Committee had come to an end and no election was held. There was dispute about enrolment of 26 members L.P.A. No.729 of 2010 which was subject matter of various orders of this Court annexed as Annexures P-6, P-7 and P-10 to P-12 to the writ petition. While the stand of the petitioners was that the said members are entitled to vote, the Administration was opposing their right to vote. In the General Body meeting held on 11.10.2009, the Managing Committee was allowed to continue for the next term or till such time election schedule was approved by the Government. Inspite of this, the impugned order dated 27.4.2010, Annexure P- 21, was passed, removing the elected Managing Committee and appointing an Administrator. 3. Learned Single Judge rejected the prayer for stay and thus, allowed the Administrator to continue. On 24.6.2010, the Division Bench passed the following order:- “Learned counsel for the appellants, inter-alia, contends that the Society has sought approval of the election programme, but the election programme was not approved for one reason or the other. Ultimately, the General Body of the Society in its meeting held on 11.10.2009 resolved to permit the Managing Committee to continue for the next term as well or till such time the election schedule is approved by the State Government. Inspite of such decision of the General Body, the Registrar, Cooperative Society has passed an order appointing Administrator in wholly illegal manner. Admitted. In the meantime, operation of the order Annexure P.21 shall remain stayed.” 2 L.P.A. No.729 of 2010 4. C.M.No.2278 of 2010 has been filed by the respondent Chandigarh for vacation of stay. 5. We have heard learned counsel for the parties. 6. Learned counsel for the parties agree that the order of stay may continue till the decision of the writ petition and the writ petition may be heard early. 7. We, accordingly, dispose of this appeal with a direction that interim stay granted on 24.6.2010 will continue till disposal of the writ petition. The parties will be at liberty to move learned Single Judge for disposal of the writ petition at the earliest. (ADARSH KUMAR GOEL) JUDGE July 14, 2010 ( AJAY KUMAR MITTAL ) ashwani JUDGE 3