KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are the members of Golden Tone Cooperative House Building Society Limited, Sector 80, Mohali [for short 'the Society'] registered under the Punjab Cooperative Societies Act, 1961 [for short 'the Act']. It is alleged that the present strength of the society is 212 out of which 115 members are allottee members and the remaining are non-allottee members. The elections of the Society are held under the Punjab Cooperative Societies Rules, 1963 [for short 'the Rules'] after every 5 years. The last elections were held on 29.3.2008 and its turn came to an end on 28.3.2012. In order to conduct elections of the Managing Committee, resolution dated 14.3.2013 was passed by the Administrator prescribing the election programme, carving out two separate zones for allottee and non-allottee members as Zone-I and Zone-II. It is alleged that the petitioners are not aggrieved with the issuance of process of elections rather they are aggrieved only with the voter list as there are 20 members in voter list sent by the Administrator, who are not legally members of the Society, as per the Policy of the GMADA issued on 14.12.2010 and Clause 7 of the bye-laws. At the time when notice of motion was issued, declaration of result of the election was made subject to the decision of the writ petition.

(2.) In reply, it is submitted that petitioner No.1 was the President of the Managing Committee in the last term. Due to the persistent default and negligence in performance of the duties by the Managing Committee, it was suspended on 24.5.2012 and removed on 26.10.2012 after due enquiry. It is alleged that 20 members are transferee members from the original members and the transfers have been duly approved by the competent authority. There is no complaint by any of the original members that they have not transferred their membership to these 20 members. 14 transfers were approved on 8.4.2010, 4 transfers were approved on 1.7.2010 and 2 transfers were approved on 22.9.2010, whereas the Managing Committee in which petitioner No.1 was the President was placed under suspension on 24.5.2012 and removed on 26.10.2012. The list of 115 allottee members was framed and approved by the Assistant Registrar Cooperative Societies, Mohali on 7.10.2010 and sent to the GMADA on 11.10.2010. The GMADA wrote a letter dated 15.10.2010 asking the Society to send the list in the proforma given in the said letter showing the original members and the transfers made by them. As per the requirement of the GMADA, the Managing Committee prepared the list according to the proforma given in the letter and submitted the same with GMADA on 18.10.2010 which was duly signed by Kulwant Singh/petitioner No.1 being the President of the Society. On the basis of the said list, GMADA allotted the land to the Society on 16.5.2011 in which names of 20 members were mentioned. The resolution dated 15.12.2012 has only been passed due to the letter issued by the GMADA on 14.12.2010 that the transfers can only be made in two situations, namely, in case of death or within family and if the transfers are made to the contrary, the GMADA will not allot the land to the Society. It is further alleged that the petitioners have an efficacious alternative remedy of election petition under Section 55/56 of the Act. He has also referred to an earlier order passed by this Court in CWP No.13308 of 2013 titled as "Shingara Singh Vs. The State of Punjab and others" decided on 2.9.2013 in which the members of the Society challenged resolution dated 6.6.2013 passed by the Society on the ground that it was in violation of the byelaws of the Society. The facts of the case were that elections of the Managing Committee of the Society were declared and its process was started with the circulation of the voter list on 14.3.2013. The nomination papers were to be filled by the desiring candidates on 18.4.2013 between 10:00 AM to 11:00 AM. It was recorded in the resolution dated 6.6.2013 that the nomination papers were submitted by the candidates to the Returning Officer on 18.4.2013 from 10:00 AM to 11:00 AM at the fixed place and time. Thereafter, the Returning Officer was to announce the nomination but at 11:10 AM, one member Ajaib Singh Bhatti presented a stay order granted by this Court and the Returning Officer sealed the nomination papers and stalled the election process.

(3.) However, the said writ petition was dismissed on 13.5.2013 and the stay order was vacated. The election process was again started and vide resolution dated 6.6.2013, it was provided that the envelope sealed by the Returning Officer on 18.4.2013 shall be opened at 10:30 AM on 28.6.2013 at the allotted site of the Society. In that case, the petitioner wanted to file his nomination paper but it was refused because nomination paper could have been filed only on 18.4.2013 between 10:00 AM to 11:00 AM and the stay granted by the High Court was presented after the expiry of the said period at 11:10 AM. It was held in that case that the election programme would start from the stage where it was stalled. It is pertinent to mention that Ajaib Singh Bhatti, who had filed CWP No.8283 of 2013 and filed LPA No.1075 of 2013, was relegated to his remedy under Sections 55/56 of the Act vide order dated 31.5.2013.