✦ High Court of India · 07 Jan 2010

I N THE P v. St at eofPunj aband ot hers

Case Details High Court of India · 07 Jan 2010
Court
High Court of India
Decided
07 Jan 2010
Bench
Not available
Length
4,493 words

Acts & Sections

cont ent ion raised by t he learned counsel for t he loggerheadwit h Rs 28 On t he ot her hand if subule is sust ained t hen t he said subule will be at 21 is int erpret edt o m ean t hat t he deem ed cessat ion is lTl relat ion t o t he societ v lTl resoect of which t he Derson concerned incurs t he disqualicat ion t hen bot h subnule 21 as well as R 28 would have it s Dlav Rule 28 ln our considered ooinion cannot be held t o be ot iose and m ust be allowed t o have it s full olav I n t his view of t he m at t er of R 25 and Rule 28 t he onlv wav bv which subvrule Can be harm oniouslvconst rued is t o const rue subule t o R 25 t o m ean t hat t he deem edcessat ion of t he Derson concerned from t he m em bershioof societ v in resoect of which t he disqualizt ion t he societ v is t he incurrecl I n t he case in hand t he t he appellantincurred was in respectof his t he Tribal HousingSociet yLt d as he could not have becom e a m em berof t he said societ yas he was alreadya m em berof Group HousingSociet yand t hereforeby operat iveof subule 29he would deem t o have ceased t o be a t he Tribal HousingSociet y right from t he incept ion ln Novem be 1983 and from t he DronacharayaCoperat ive GroupHousingSociet y33 Radhika 2014.03.22 16: 34 True Scanned Copy Of The Original PHHC,Chandigarh I n view of t he rat io of t he aforesaid j udgm ent t he JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 411 Gl CWP No 7301 of2009 11 1 1 12 soughtt o be placedby t he aut horit ieswhose orders are under challenget hat t he cannot be at t ract edat t he st age of nom inat ion cannot be accept edSuch an absurdit yThe int ent ion of t he law cannot be t o perm ita violat e and t hen punishhim I ft hereis a rest rict ion result s in person t o 1 r 0 CAO I C5 I Z r I 08 A7 Z 0m has t o be from t he very incept ionSince was already a rnem berof one of t he cent ral societ yhe could not have been perm it t ed NoA t o cont est t he elect ion for anot her cent ral societ ywit hout ceasingt o be m em beroft he first cent ralsociet yOfcourse he had t he libert yt o resign from t he first societ yt o cont est t he elect ionfor t he second societ yoft he sam e nat ure I n view of t he t ot alit yof t he circum st ancesand keeping111 Vlew t he t rue purport scope and am bit of Sect ion 260B of t he Act pet it ion1S allowed t he orders im pugnedare t his herebyset aside and t he elect ion of t he pet it ioneras m em ber of t he Board of Direct orsoft he Bank is upheldfor t herem ainingperiodifany No order as t o cost s January07 2010 RS 1 Perm od Kohlil Judge Whet her t o be report edt o t he report er2 Yes L 4 1PAl 1rl 17 I U A 4 1 4 4 51 1440 101 Radhika 2014.03.22 16: 34 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document

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