BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Baljinder Singh and Gurmeet Singh are members of Bhurthala Mander Cooperative Agricultural Service Society Ltd., Bhurthala Mander, District Sangrur (hereinafter referred to as, 'the Society'). On 29th September, 2008 a meeting of managing committee of the Society was held and it was resolved therein that the term of managing committee is due to expire on 2nd November, 2008, therefore, election of the managing committee be held on 16/17th October, 2008 and an election programme be issued. In the resolution, it was recommended that for election of nine members of the managing committee, a generalhouse- meeting of the members be held on 16th October, 2008 and after following the procedure of inviting nomination papers, objections thereto, scrutiny of the same and withdrawal of the nomination papers, voting be held on 17th October, 2008. To give effect to this resolution, vide Annexure P-2 on 13th October, 2008 the Assistant Registrar, Cooperative Societies, Malerkotla appointed an Inspector of Cooperative Societies to act as a Returning/Presiding Officer.

(2.) Four members of the Society filed a petition (Annexure P-3) before the Deputy Registrar, Cooperative Societies, Sangrur with a prayer that the election scheduled to be held on 16/17th October, 2008 be stayed. Those four members have been impleaded as Respondents No. 6 to 9 to the present petition. In the petition (Annexure P-3) they had pleaded that there were 608 members of the Society. Three villages namely, Bhurthala Mander, Jathomajra and Rurkee Khurd fall in the area of operation of the Society and they constitute an electoral college for election of managing committee of the Society. They had made a grievance that earlier, an election was conducted zone-wise and that a 15 days notice was necessary to hold an election of members of the managing committee. It was further stated that managing committee of the Society had illegally enrolled 41 voters on the basis of deposits at their own will therefore, they be excluded to vote in the election.

(3.) The Deputy Registrar, Cooperative Societies, Sangrur on 15th October, 2008, i.e. a day before holding of the general-housemeeting and two days before the scheduled election, vide order (Annexure P-4), stayed the election. On 22nd December, 2008 vide Annexure P-6, a communication was issued by the Deputy Registrar, Cooperative Societies, Sangrur to the Assistant Registrar, Cooperative Societies, Malerkotla, in which it was stated that the stay which was granted on 15th October, 2008 has been vacated and election of managing committee of the Society be conducted in accordance with the rules after constituting the zones. On 9th March, 2009 vide order (Annexure P-7), the petition for stay of election was dismissed.