GURNAM SINGH Vs. ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) This writ petition has been filed under Articles 226 and 227 of the Constitution of India for quashing the order of respondent No. 1 dated December 12, 1972 (Annexure 'C').

(2.) The facts giving rise to this petition are that the petitioners are members of the Co-operative Agricultural Service Society, Kami Kalan, Tehsil Rajpura, District Patiala (hereinafter referred to as the Society). The old Managing Committee of the Society was in existence for more than 8 years and no elections had been held under Section 26(IB) of the Punjab Co-operative Societies Act, 1961 (hereinafter referred to as the Act). A meeting of the Society was held on September 28, 1972 and it was decided therein that fresh election of the Managing Committee of the Society be held on October 28, 1972. The election programme was also settled and recorded by the Secretary in the proceeding book. The copy of the proceedings book dated September 28, 1972 is annexure 'A'. The election programme had been notified to the members and the election was conducted by Davinder Singh, Sub Inspector of the Society. Almost all the members were present "in the meeting on the date of election. The petitioners and Hardev Singh, Gurdial Singh and Gurnam Singh son of Amar Singh respondents, filed nomination papers for election of five members. The nomination papers of Hardev Singh, Gurdial Singh and Gurnam Singh were rejected and those of the petitioners were duly accepted. As only five members of the Committee were to be elected, therefore, the petitioners, who were five in number, were declared elected and the proceedings of the election were duly recorded by Davinder Singh, Sub Inspector. The signatures of all the members of the Society present, were also taken in the proceeding book. The copy of the proceedings dated October 28, 1972 is annexure 'B'. Surta, respondent No. 3, filed an application to the Assistant Registrar, Co-operative Societies and requested that the election of the Managing Committee be set aside. The respondent No. 1 set aside the election of the petitioners without giving the reasons, by order dated December 12, 1972 (copy Annexure 'C'). The order of the respondent No. 1 is wholly illegal and without jurisdiction. The petition has been contested by the respondent No. 1. He has inter alia pleaded that the provisions of Rule 1 part II of Appendix 'C' to the Punjab Co-operative Societies Rules, 1963 (hereinafter referred to as the Rules), have not been complied with. He further states that the order passed by him was justified and not liable to be set aside.

(3.) The first contention of the learned counsel for the petitioner is that the respondent No. 1 had no jurisdiction to pass the impugned order under sub-section (I D) of Section 26 of the Act. The aforesaid sub-section is as follows :-