Constitution of India, 1950, Article 226 -- Writ jurisdiction - Election matter - Will of electorate to be shown due respect - Election not to be set aside on wholly technical grounds when departure from statutory provisions or rules has not materially affected the result of election - Election to Managing Committee of Co-operative Society - Proposal for making zones..........
Punjab Co-operative Societies Act, 1961, Section 26(1B) -- Term of office of Managing Committee of Co-operative Society - Three years - Commencement of - From the date when Managing Committee allowed to take charge of its office - Managing Committee not allowed to enter upon office because of injunctional order of Court - Life of Managing Committee cannot be said to have..........
Punjab Co-operative Societies Act, 1961, Section 55, 56 -- Arbitration proceedings - Minor not at all represented, in fact or in law - Question of prejudice - Immaterial - Award against minor - Void - Civil Procedure Code (5 of 1908), Order 32 Rule 3.
Where a minor was not at all represented, in fact or in law, then the decision rendered against him would be void. In..........
Punjab Co-operative Societies Act, 1961, Section 69 -- Revisional powers - Exercise of - Cannot be over and over again regarding same matter when no new or additional circumstances justifying reconsideration - Revisional powers can be exercised over same order at the instance of different parties where distinct matters dealt by same order...........
Punjab Co-operative Societies Act, 1961, Section 69 -- Revision - Not permissible to deal with same matter as many times as revisional powers invoked by different parties notwithstanding that all of them were parties to first proceeding in which such powers already exercised - Two revision petitions filed against same order by different parties - Disposal of one revision..........
Punjab Co-operative Societies Act, 1961, Section 68 -- Appeal from order of Assistant Registrar - Lies to Deputy Registrar and not to Deputy Secretary - Standing Order dated July 8, 1973 - Cannot confer on Deputy Secretary power to hear and dispose of appeals...........
Punjab Co-operative Societies Act, 1961, Section 26(2)(a) -- Proviso (b) - Appointment of Managing Director - Requirements : (i) should be in addition to members already nominated on the Committee, and (ii) person to be appointed must be nominated as provided in Section 26(2)(a) - Appointment of Managing Director out of nominated members without prior nomination of another..........
Punjab Co-operative Societies Act, 1961, Section 26(2A), 26(2)(a) -- Power to appoint Managing Director vesting in Government- Exercise of - Not limited to initial stage only i. e. when election to Committee has taken place - Government empowered to make appointment at any time.
The power of appointing a Managing Director could be exercised by the Government under..........
Haryana State Central Co-operative Bank (Common Cadre) Rules, 1975 - - Do not infringe rights of Managing Body of Primary Co-operative Society - Applicable only when dispute between General Body of Primary Co-operative Society and Secretary touching upon relationship of master and servant - No conflict between Sections 23 and 84A - Punjab Cooperative Societies Act (25 of..........
Punjab Co-operative Societies Act, 1961, Section 84A -- as applicable to Haryana State - Validity of - No delegation of essential legislative functions in favour of outside agency.
By enacting Section 84A of the Punjab Co-operative Societies Act the Legislature has not abdicated its essential legislative functions. (Para 23)
The words 'recruitment' and 'conditions of..........
