LACHHMAN SINGH Vs. REGISTRAR

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been filed by a member of a Co-operative Society to challenge the decision of the respondents to hold a poll on 18.7.1972 for the election of 9 Directors for the Jullundur Central Co-operative Bank Ltd., in accordance with the election programme (Annexure 'A') issued in the last week of June, 1972.

(2.) The Punjab Co-operative Societies (Amendment) Act, 1969 (hereinafter briefly referred to as the Amending Act) came into force in Punjab on 10.9.1969. According to sub-section (IB) of Section 26 inserted in the Punjab Cooperative Societies Act, 1961 (hereinafter briefly referred to as the Act), the committees of the Central Societies who ordinarily hold office for a term of three years were to cease to hold this office on the expiry of 90 days from the commencement of the Amending Act. New committees should ordinarily have been elected during this period of 90 days but these elections could not be held because of the stay orders issued by the High Court or the subordinate civil Courts in civil writs and suits filed by the petitioner or certain other interested persons. Eighteen Directors were to be elected for the Committee of the Jullundur Central Co-operative Bank Ltd., in view of the vacancies created by the coming into force, of the Amending Act.

(3.) An election programme for electing the 18 Directors from the Societies in the various zones had been issued earlier in October-November, 1970. The nomination papers had been filed by the candidates and the scrutiny and withdrawals had taken place in the second week of November, 1970. Four Directors had been returned unopposed on 11.11.1970 as admitted by respondent Nos. 2 to 4 in paragraph 3 of their return. The petitioner and 4 others were left with no rivals in their zones after the withdrawals but there was no formal declaration about their having been elected unopposed according to the written statements filed by the respondents. The polling for the election of the remaining 9 Directors had to take place on 22.11.1970 according to the election programme published a few weeks earlier. The polling schedule for 22.11.1970 was also postponed from time to time in view of stay orders issued by the High Court and the subordinate civil Courts. These elections have not taken place up to date and an Administrator appointed under Section 26(ID) of the Act as amended, has been functioning since 1969-70.