Judgment:
Raj Kumar Arora CWP-18192-2013 (O&M) 2013.09.02 14:45 I attest to the accuracy and integrity of this document IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-18192-2013 (O&M).Date of decision: August 21, 2013.
Vinot and others ....Petitioners Versus Registrar, Cooperative Societies, Haryana and others ....Respondents CORAM: HON'BLE Mr.JUSTICE M.M.S.BEDI PRESENT Mr.S.S.Dalal, Advocate, for the petitioneRs.M.M.S.BEDI, J.
(ORAL) The petitioners were appointed vide resolution Annexure P-1.
Vide Annexure P-2, respondent No.3, the Deputy Registrar, exercising the powers of Registrar under Section 27 of the Haryana Cooperative Societies Act, 1984, (for short 'the Act').rescinded the resolution.
Counsel for the petitioners submitted that while exercising powers under Section 110 (ii).of the Haryana Cooperative Societies Rules, 1989, (for short 'the Rules').the Deputy Registrar has declared the resolution regarding appointment of the petitioners as illegal and set aside the same without giving an opportunity of hearing to the petitioners who are the affected parties and the impugned order has got legal effect on rescinding the resolution Annexure P-1, giving the appointment to the petitioneRs.The 1 Raj Kumar Arora CWP-18192-2013 (O&M) 2013.09.02 14:45 I attest to the accuracy and integrity of this document Registrar is vested with the power to rescind resolution under Section 27 of the Act (wrongly mentioning as exercising powers under Section 110(ii) of the Haryana Cooperative Societies Rules, 1989).As per Section 114 (1)(e) of the Act, an appeal is provided against the order of the Registrar rescinding the resolution.
The remedy of revision under Section 115 of the Act is also provided.
After taking into consideration the facts and circumstances of the case, it is apparent that the petitioners are aggrieved by the order of the Deputy Registrar exercising the powers of Registrar under Section 27 of the Act.
The petitioners have got a statutory right to challenge the same by way of appeal under Section 114 (1) (e) of the Act.
The legality and propriety of the order Annexure P2 can be challenged by the petitioners on various grounds including the ground of violation of rules of natural justice.
The writ petition is disposed of as not maintainable relegating the petitioners to the alternative remedy of appeal.
It is further directed that in case the appeal is filed within a period of 15 days from the receipt of certified copy of this order, the same will be considered expeditiously preferrably within a period of three months after filing of the same.
During pendency of the appeal, the status quo as existing today regarding the services of the petitioners will be maintained.
(M.M.S.BEDI) August 21, 2013.
JUDGE rka 2