MADAN GOPAL Vs. REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) ELECTION to the Board of Directors of the Punjab State Co-operative Labour and Construction Federation Ltd. was fixed for April 19, 1991. The election programme was duly approved by the Registrar on March 19, 1991. The programme as issued by the Election Manager is at Annexure P. 3. The petitioner, who claims to be a Director of the Society and whose term had expired on April 21, 1991, is aggrieved by this election programme He challenges it primarily on the ground that the election programme was originally approved on March 13, 1991 according to which six Directors were to be elected by 12 voters. By the programme at Annexure P. 3 six zones have been constituted as a result of which two voters will have to elect one person. The petitioner claims that before approving the zonal system it was incumbent on the Registrar to afford an opportunity to the members to file objections. He further avers that it is not feasible that two voters should elect one Director.

(2.) IN the written statement filed on behalf of the respondents, it has been mentioned that the petitioner had filed his nomination papers as a representative of the D. C U. Faridkot on April 15, 1991. It is averred that his nomination papers have been rejected by the Returning Officer. Consequently, it is averred that the petitioner can resort to the remedies available under the Act viz. an Election dispute under Section 55. It has been further averred that "there are only six candidates in field from six zones" and if the result of the elections is allowed to be de lared by the Court, the election will be unanimous. Further with reference to the provision of Section 26 (1-A) of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as ('the Act') and Rule 23 of the Punjab Co-operative Societies Rules, 1963 (hereinafter referred to as 'the Rules'), it has been pointed out that the area of operation of the Society can be divided into zones for the purpose of election of the members of the Committee It has been further pointed out that the zonal list can be prepared by the Manager in accordance with the directions issued by the Registrar from time to time. In this process no hearing whatsoever is required to be afforded to the person concerned.

(3.) I have heard Mr. G. C. Dhuriwala, learned counsel for the petitioner and Mr. D. V. Sharma for respondents Nos 3, 4 and 5.