SUKHPAL SINGH KHAIRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER 's election as Director of the Kapurthala Central Cooperative Bank Ltd., Kapurthala, respondent No. 5 herein, has been set aside by the Additional Registrar (Credit) Cooperative Societies, Punjab, while deciding election dispute under Section 55 of the Punjab Cooperative Societies Act, 1961 (hereinafter called 'the Act') in an election petition preferred by respondent No. 4, whose nomination paper was rejected. Appeal preferred by the petitioner before the Registrar, Cooperative Societies, Punjab, also failed, though, the Registrar reversed the findings on the status of respondent No. 5 Bank. Order of the Registrar (Annexure P-2) has been upheld in revision by the Financial Commissioner (Cooperation), Punjab, exercising the powers of Government under Section 69 of the Act.

(2.) THE validity of the aforesaid order is under challenge in the present petition. It may be useful to briefly notice the factual background emerging from the record. Kapurthala Central Cooperative Bank Ltd., Kapurthala (hereinafter called 'the Bank'), is a cooperative society registered under the provisions of the Act. Election to the BOD of the Bank was notified to be held in February, 2006. The election was on zonal basis. Petitioner, respondent No. 4 and another candidate filed their nomination papers for the election from zone No. 5. All the candidates filed their nomination papers as representatives of their respective member societies of the Bank. The petitioner objected to the nomination of respondent No. 4 seeking his rejection on the ground, that the said respondent is already member of two central societies and is ineligible to contest on account of disqualification contemplated under Section 26-B(1) of the Act. Respondent No. 4 did not file any reply to the objector's plea. Returning Officer accepting the contention of the petitioner rejected the nomination papers of respondent No. 4, leaving two candidates in the fray from zone No. 5. The petitioner successfully contested the election and was declared elected defeating other candidate in the field.

(3.) THE Additional Registrar, who heard the election petition, vide his order dated 19.11.2007 allowed the election petition, holding that the Bank is an apex society, respondent No. 4 had submitted his resignation from one of the societies and, thus, has not incurred any disqualification. He has further held that disqualification, if any, could not have been attracted at the stage of filing of nomination and could be invoked only on the successful election of the candidate and even in such an eventuality the candidate had has the option to retain the membership of one of the central societies. Consequently, the election of the petitioner as Director came to be set aside.