LUDHAR RAM Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This petition challenges the order dated 3.6.1999, Annexure P -3 passed by the Registrar, Co -operative Societies, Punjab, Chandigarh allowing the election petition filed by respondent No. 4 and setting aside the election of the petitioner, as well as the order dated 2.5.2000, Annexure P -4 passed by the Financial Commissioner, Co -operation Punjab exercising the powers of the State Government under the Punjab Co -operative Societies Act, 1961 (for short "the Act") dismissing petitioner's appeal against the order dated 3.6.1999.

(2.) On 16.7.1998 elections were held to the Board of Directors of Mansa Central Cooperative Bank Limited, Mansa and though the votes secured by the two candidates i.e. the petitioner and respondent No. 4 herein were equal i.e. 36 each, a draw of lots was conducted and the petitioner was declared elected. Aggrieved thereby, respondent No. 4 Lakhwinder Singh filed a reference under Sec. 55 of the Act read with Rule 51 of the Punjab Co -operative Societies Rules, 1963 challenging the declaration of the petitioner being elected. The ground of challenge was that a vote carrying half stamp on the side of the petitioner and half stamp on the side of respondent No. 4 should have been cancelled and would not have been counted, in favour of the petitioner which was wrongly done. It was also pointed out that the votes of Sohan Singh and Karnail Singh should not have been counted for the reason that they were not the primary members of the Society.

(3.) The Registrar, Co -operative Societies, Punjab Chandigarh after hearing the parties found that the votes of Karnail Singh and Sohan Singh have been wrongly polled in favour of the petitioner which materially affected the result of the returned candidate and if these votes are deducted, the petitioner could not have been declared elected. The election of the petitioner was, therefore, set aside and respondent No. 4 was declared elected as Director of the respondent Bank. Aggrieved by the order of the Registrar, Cooperative Societies, Punjab, dated 3.6.1999, the petitioner preferred appeal under Sec. 68 of the Act before the Financial Commissioner, Punjab Chandigarh who after hearing the parties affirmed the order of the Registrar and dismissed the appeal of the petitioner by order dated 2.5.2000. Aggrieved thereby, this writ petition has been filed.