VIJAY KUMAR SURI Vs. THE CITIZENS URBAN CO

JUDGEMENT

(1.) Being aggrieved against the manner of conducting election of the Managing Committee of Citizen Urban Co-operative Bank, the petitioner has filed this writ petition to impugn the orders whereby election petition filed by him has been dismissed.

(2.) The petitioner would complain that respondent No. 1 has held the election contrary to the mandatory provisions as provided under Punjab Cooperative Societies Act, 1961 (for short "the Act") and the bye-laws of the respondent Bank by unanimously electing 13 Directors from different zones unopposed. This election was held on 25.2.2009. The petitioner being share holder was aggrieved against the manner of conducting this election. He, therefore, filed an election petition on 28.5.2009 under Sections 55 and 56 of the Act. The petitioner challenged the entire process of election of the Managing Committee on the ground that the election was contrary to the mandatory provisions of the Act. Additional Registrar, without going into the merits, dismissed the election petition on 9.2.2011 on a technical ground of delay in filing the petition and so it was termed as time barred. It is also held that the petitioner had not made it clear as to in which zone he was registered as a Member. After placing reliance on the judgement passed by this Court that one election petition can not be filed to challenge election of all the zones, the petition has been dismissed.

(3.) The petitioner thereafter filed an appeal against this order under Sec. 68 of the Act. The Appellate Authority though has condoned the delay, but has dismissed the appeal on the ground that the petitioner would not have any locus to challenge the election of all the zones, he being voter only in one zone. The Appellate Authority has also held that no adverse order can be passed against the Directors as they were not impleaded as party in the election petition or in the appeal. The petitioner accordingly has filed this petition to impugn both the orders passed by the Additional Registrar and the appellate order passed by Special Secretary, Co-operation, Government of Punjab.