JARNAIL SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Petitioner is the member of the Kandala Guru Cooperative Agriculture Multipurpose Service Society, Kandala Guru, tehsil and District Jalandhar (hereinafter referred to as the "society"), registered under the provisions of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as the "Act").

(2.) As per Bye-law 32 of the registered Bye-laws of the society, 9 members are to be elected to the committee from the members of the general body, each from the village in the area of operation of the society having not less than 50 members.

(3.) The election of the Managing Committee of the Society was held on 20.08.2013 and out of 11 candidates, 9 were elected. It is alleged that Jaspal Singh (respondent no.5) is doing the business of advancing loans to the residents of the village including the members of the society and has advanced Rs. 5,000/- to the petitioner on 22.07.2013 @ 3% per month and also got executed a pronote from the petitioner. The petitioner, thus, filed an election petition under Sections 55/56 of the Act for setting aside the election of respondent no.5 as a committee member of the society before the Deputy Registrar, Cooperative Societies, Jalandhar on 26.08.2013 who, vide his order of the even date, restrained respondent no.5 from taking part in the meeting for election of the office bearers of the society. It is alleged that the case was fixed for hearing on 06.09.2013 but on that date, the Deputy Registrar did not hold the Court and it was adjourned to 09.09.2013. It is also alleged that the respondents did not file any reply to the election petition but the Deputy Registrar, without getting the reply, vacated the stay on 26.08.2013 and fixed the case for hearing for 23.09.2013. It is alleged that on the one hand, stay was vacated on 09.09.2013 and on the same day, approval was granted for holding election of the office bearers of the Society on 13.09.2013 at 11.00 a.m. under Rule 80(i) of the Punjab Cooperative Societies Rules, 1963 (hereinafter referred to as the "Rules").