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AJIT SINGH versus STATE OF PUNJAB & ORS

High Court of Punjab and Haryana, Chandigarh

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Ajit Singh v. State of Punjab & Ors - CWP-4299-2006 [2006] RD-P&H 1821 (20 March 2006)

In the High Court of Punjab and Haryana, Chandigarh

C.W.P. No. 4299 of 2006

Date of Decision: 23.3.2006

Ajit Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE T.P.S. MANN

PRESENT: Mrs. Lisa Gill, Advocate,

for the petitioner.

JUDGMENT

This petition filed under Article 226 of the Constitution prays for quashing order dated 17.3.2006, passed by the Additional Registrar (D), Cooperative Societies, Punjab, Chandigarh. It is appropriate to mention that the Additional Registrar while entertaining the election petition filed by the petitioner has refused to grant any interim order against respondent No. 6 Shri Man Singh Dham on the ground that the elected representative cannot be restrained from functioning till his election is set aside. In support of the aforementioned view, the Additional Registrar has cited the case Rajinder Singh v. The Registrar, Cooperative Societies, Punjab and othrs, 2001 (1) PLJ 80. In para 3 of the aforementioned judgment the Division Bench has categorically held that an elected representative of a Cooperative Society cannot be restrained from functioning till his election is set aside if election dispute has been properly raised in accordance with the rules governing such dispute.

The Division Bench had set aside the restraint order passed by the statutory authority holding that the order was without jurisdiction.

C.W.P. No. 4299 of 2006

In view of the above, we are of the view that the order dated 17.3.2006 passed by the Additional Registrar does not suffer from any legal infirmity warranting interference of this Court. We find that the order is fully supportable by the Division Bench of this Court in the case of Rajinder Singh (supra).

Accordingly, writ petition fails and the same is dismissed.

(M.M. KUMAR)

JUDGE

(T.P.S. MANN)

March 23, 2006 JUDGE

Pkapoor


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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