JASWANT SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The dispute in the present case relates to elections of the Managing committee/Board of Directors of The Shahabad Cooperative Sugar Mills Limited, Shahabad, District Kurukshetra - the fourth respondent. The result of the Zone 3 was declared on 22.11.2009. The petitioner was declared elected. The fifth respondent - Janak Singh stood defeated along with another contestant namely Jai Pal Singh. The date of filing nominations was fixed on 03.11.2009 in the notified election programme. Scrutiny of nomination papers was held on 04.11.2009 and as stated earlier the election was held on 22.11.2009. The 5th respondent - Janak Singh aggrieved by the election of the petitioner filed the election petition under Section 102/103 of the Haryana Cooperative Societies Act, 1984 challenging the election of the petitioner Jaswant Singh. The Registrar Cooperative Societies, Panchkula (for short 'the RCS') accepted the petition vide order dated 19.08.2010 (P-4) and Set aside the election of the petitioner. The reason for acceptance of the petition was that. Jaswant Singh was a defaulter member at the time of filing of papers. Reliance was placed on a default certificate dated 03.11.2009 which is not disputed inasmuch as the petitioner has cleared his default on 14.11.2009 before the elections were held. However, the RC found that there was no document to prove that the petitioner was not defaulter on the date of filing; of the nomination papers or on the date of scrutiny of the nomination.

(2.) Aggrieved by the order of the RCS, the petitioner preferred an appeal under Section 114 of the Act for setting aside the order dated 19.08.2010 passed by the RCS in election petition/cooperative 197/2009 before the Financial Commissioner and Principal Secretary to Government of Haryana Cooperation Department, Chandigarh. The Appellate Authority also came to the conclusion that the petitioner was a defaulter on the date when nomination papers were filed on 03.11.2009 and a subsequent deposit of default amount on 14.11.2009 but before the election would not come to his rescue in the face of Rule 27 of the Haryana Co-operative Societies Rules, 1989. Rule 27 deals with disqualification for membership of Committee. Rule 27(a) is reproduced below :-

(3.) In the result, the appeal was dismissed.