SURINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed for issuance of a writ in the nature of mandamus directing the respondents to accept the nomination form of the petitioner and allow him to contest the elections to the Office of Board Directors of the Hisar District Central Cooperative Bank Ltd. Hisar, scheduled to be held on 06.06.2010.

(2.) The brief facts of the present case are that the petitioner submitted his nomination paper on 17.05.2010 in pursuant to the election programme of the Board of Directors of the Hisar District Central Co-operative Bank Limited, Hisar (for short as ' Bank7). Earlier, the petitioner had secured a loan of Rs. 59,960/- from the Budhakhera Primary Agriculture Co-op. Society Ltd. at Uklana Mandi (Hisar) (for short referred as Society). The total loan amount with interest was calculated to be Rs. 1,04,120/- which the petitioner paid on 17.5.2010. A receipt was also issued by the Society towards the payment of said amount. The petitioner also obtained No Dues Certificate' (Annexure P-2) on dated 17.5.2010 itself from the Society - Budhakhera Primary Agriculture Society Limited at Uklana Mandi, Hisar i.e. from Zone No. 6 under which the Society of the petitioner operates. The Society issued a No Dues Certificate categorically mentioning that neither there is any due towards the Society by the petitioner nor any repayment of loan was to be made by the petitioner. Thereafter, the petitioner filed his nomination form alongwith receipt regarding repayment of loan and No Dues Certificate.

(3.) The nomination form of the petitioner was rejected by the Returning Officer with the remarks "Rejected because the candidate is defaulter and is ineligible to contest as per the provisions of Rule 27 (a) of the Haryana Co- operative Societies Rules, 1989". On 19.5.2010, the petitioner filed a representation (Annexure P-3) before the Deputy Registrar, Cooperative Society, Hisar, with a prayer to withdraw rejection order, as the petitioner was not in arrears or any kind. It was emphatically asserted that the nomination form of the petitioner had been rejected due to political reason and the same was illegal and arbitrary.