KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners have sought issuance of a writ of certiorari seeking quashing of the election of the Managing Committee of the society respondent No. 6 whereby respondent Nos. 7 to 17 were declared elected unopposed on 21-10-1993 by respondent No. 5 and also to issue a writ of mandamus to respondent Nos. I to 4 not to allow respondent No. 7 to 14 to function during the pendency of the writ petition.

(2.) Petitioner Nos. 1 to 11 and respondent Nos. 7 to 14 are members of the Payal Co-operative Agricultural Service Society Ltd., Payal (for short "the Society")-respondent No. 6. Election of the Managing Committee of this Society to elect 9 members was fixed for 21/22-10-1993 as per election programme Annexure P-1. The petitioners, who were eligible, filed their nomination papers within the prescribed period duly proposed and seconded by the members of the society; that as per election programme Annexure P-1, the area of operation of the society comprises villages of Payal, Majri and Gobindpura and is divided into three zones for the purposes of election i.e. seven members were to be elected from Payal zone whereas one each from Majri and Gobindpura. It has further been stated by the petitioner that the petitioner Nos. 1 to 9 filed their nomination papers from -one 1Payal -one - whereas petitioner Nos. 10 and 11 have filed nomination papers from -one No. 2 - Majri. It has further been stated by the petitioner that the petitioner Nos. 1 to 6, 10 and 11 belong to Akali Party of Badal group whereas petitioner Nos. 7 to 9 are from the weaker sections of the society and belong to Bahujan Samaj Party; that the Presiding Officer/ Returning Officer -respondent No. 5 - under undue political pressure rejected the nomination papers of all the petitioners along with two others, namely, Mukhtiar Singh s/ o Uttam Singh and Labh Singh s/o Raunki Singh and thus declared respondents 7 to 14 and one Mohinder Singh elected as unopposed. According to the petitioners, no opportunity was given to them and their nomination papers were rejected for no cogent reason. The reasons, if any assigned, are not in conformity with the provisions of the Act/ Rules and Bye-Laws of the society. As a matter of fact, respondent No. 5 when approached to tell the reasons for rejecting their nomination papers declined to give any reply. Even otherwise, election programme is not in conformity with the rules and bye-laws of the society which envisage service upon members of the society by registered post or by circulating the register to all the members and get their signatures on the same as receipt of notice. In the instant case, such a procedure has not been adopted despite the fact that the area of operation of the society consists of three villages; and that the petitioners candidatures have been rejected by the Returning Officer solely to favour respondent Nos. 7 to 14 to see that they are elected unopposed. Hence, this petition.

(3.) Notice of motion was issued by the Court in pursuance to which respondents have put in appearance and filed separate written statements. Respondent No. 5 the Returning Officer, has filed the written statement controverting the various material averments made against him and has specifically averred that the candidature of petitioner Nos. 1 to 11 were rejected as either the candidates or proposers or seconders were not qualified. Reasons for rejecting the nomination papers have been duly recorded on the nomination papers. So it was stated that the answering respondent has conducted the election strictly in accordance with the Punjab Co-operative Societies Act, 1961, and the Rules of 1963 and also as per registered Bye-Laws of the society. Allegation levelled against the respondent that he acted under political pressure of respondent Nos. 7 to 14 was emphatically denied. Respondent Nos. 6 and 15 by a short reply denied the assertions of the petitioners that there was any illegality in the election programme. In fact, according to the respondents, the same was in conformity with the Bye-Laws of the registered society.