KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has filed the present Letters Patent Appeal against the judgment dated 16.7.2013 passed by learned Single Judge whereby the writ petition filed by him has been dismissed.

(2.) A few facts relevant for the decision of the controversy involved, as available on record, may be noticed. The Ropar District Cooperative Milk Producers Union Limited, Milk Plant, Mohali, the Barwa Cooperative Milk Producers Society Limited, Barwa, Tehsil Anandpur Sahib, District Ropar and the Bhatton Cooperative Milk Producers Society Limited, Bhatton are the cooperative societies registered under the provisions of Punjab Cooperative Societies Act, 1961 (in short, "the Act"). Both the Barwa and Bhatton societies are the members of the Union and fall in Zone No.11 of the Union. Elections to the Milk Union were held in the month of May 2010 in which the appellant being committee member of the Barwa society and duly authorised by it participated. Respondent No.4 being representative of the Bhatton society also participated and contested the election against the appellant. Both the appellant and respondent No.4 secured 29 votes each and result was declared by the Returning Officer by way of toss of a coin in which the appellant was declared elected. Feeling aggrieved, respondent No.4 filed election petition under sections 55/56 of the Act read with Rule 12(2) of Appendix 'C' Punjab Cooperative societies Rules, 1963 (in short, "the Rules") challenging the manner in which the election of the appellant was held. The said petition was dismissed on 31.8.2010 by respondent No.3. Instead of availing the remedy of appeal, respondent No.4 filed CWP No.17358 of 2010 in this Court which was allowed on 1.12.2010 and the matter was remanded back to respondent No.3 to decide it afresh. After remand, respondent No.3 allowed the election petition filed by respondent No.4 on 27.2.2012 on the ground that the result of the election was declared in violation of Rule 11(1) of the rules. The appellant challenged the order passed by respondent No.3 by way of appeal under section 68 of the Act before the Registrar Cooperative Societies, Punjab which was allowed on 31.5.2012. Aggrieved by the order, respondent No.4 preferred a revision petition before respondent No.1 which was allowed vide order dated 22.10.2012 in view of decision of this court in Smt.Karnail Kaur v. Sm.Balbir Kaur, 2009 153 PunLR 476. Dissatisfied with the order, the appellant filed writ petition in this court which was dismissed vide order impugned herein. Hence the present appeal by the appellant.

(3.) We have heard learned counsel for the parties and perused the record.