BADLU RAM Vs. REGISTRAR

JUDGEMENT

(1.) Briefly, the facts of the present case, as given in the writ petition, are that the petitioners are the member of the Saiyakheri Agricultural Co-operative Society Limited, Saiyakhera (hereinafter referred to as the Saiyakheri Society) and the Shamaspur Gamra Agricultural Co-operative Society Limited, Shamaspur Gamra (hereinafter referred to as the Shamaspur Gamra Society). The Gannaur Co-operative Marketing Society Limited, Gannaur (hereinafter referred to as the Marketing Society) has control and jurisdiction over the area in which the aforesaid two societies are situated. The present term of some of the members of the committee of the Marketing Society expired on March 24, 1975 and the term of the others had to expire at a later date. The officers of the Co-operative Department and the Marketing Society with a view to constitute the new committee of the Marketing Society, decided to hold election on March 25, 1975. The elections were to be held in accordance with the rules contained in Appendix 'C' framed under Rule 23 of the Punjab Co-operative Societies Rules, 1963 (hereinafter referred to as the Rules). Rule 4 relates to constitution of zones and preparation of zonal lists of voters and rule 5 to election programme. According to rule 4, the zones are to be constituted and the lists of voters prepared zone-wise. Procedure has also been prescribed therein for constituting the zones and framing zonal lists of voters. While constituting the zones and framing zonal lists of voters the procedure prescribed by the rules was not followed and, consequently, no election can be held on the basis of such lists. The petitioners have challenged the zonal lists of Zone No. 3. The petitioners have also challenged the election programme framed by the Returning Officer on various grounds, but that is not relevant for the decision of the present writ petition as the other points have not been pressed before me. The writ petition has been contested by the respondents.

(2.) The question for determination is as to whether the zonal lists were prepared in accordance with the rules in Appendix 'C' or not. In order to determine this question it is necessary to make reference to rules 4 and 5. The former relates to constitution of zones and the preparation of the zonal lists of voters and the later to election programme. The relevant portions of rules 4 and 5 are as follows :-

(3.) In the present case the Returning Officer was appointed on October 22, 1974. A communication was received by the Manager on October 28, 1974 that the election would be held on March 25, 1975. Under sub-rule (2) of rule 4 it was incumbent on the Manager to the Marketing Society to submit the proposal regarding constitution of the zones and preparation of zonal lists of voters to the Returning Officer for his approval within ten days of the receipt of the communication in respect of the date fixed for conducting the election. He, therefore, submitted these on December 14, 1974. The Returning Officer, vide his letter dated December 14, 1974, sent the approved lists of zones and zonal lists of voters for exhibition on the same date. It is in the affidavit of the Returning Officer that Mr. Fateh Singh, Manager of the Marketing Society (Respondent No. 3) exhibited those lists on the same date, i.e. December 14, 1974. It has, however, not been mentioned by the Returning Officer as to at what places the lists relating to zones and voters were exhibited. Mr. Fateh Singh, Manager, in his return has mentioned that the approved lists of zones, zonal lists of voters and election programme were exhibited by him at the registered office of the Marketing Society at Gannaur and at other places as provided under rule 4 of the Election Rules well in time. He did not mention the date when and the places where the same had been got been exhibited by him. It is an admitted fact that the Returning Officer had to decide the objections on December 21, 1974. A reading of rule 4(4) shows that objections could be filed within six days from the date of exhibition of lists of zones as well as of voters. Sub-rule (3) of rule 4 says that the notices indicating the zones constituted and the zonal lists of voters so approved shall be exhibited by the Manager for a period of not less than six days. A reading of the aforesaid two sub-rules indicates that the notice should have been exhibited on or before December 14, 1974. No document was annexed with the return by respondent No. 4 showing the places where and the dates when the lists were exhibited. A reference has been made to Annexure R-1, a letter dated nil by the Assistant Registrar to the Manager, Marketing Society (Respondent No. 3) annexed with the return of Mr. K.R. Punia, Registrar, Co-operative Societies, Haryana., In the letter it is stated that he had sent two copies of the approved lists with a direction that the same be exhibited according to rule 4(3) and also in the office of the Block Development and Panchayat Officer, Gannaur and Central Co-operative Bank Branch at Gannaur. These are two endorsements at the bottom of the letter by Respondent No. 3 dated December 14, 1974 and December 21, 1974, which are as follows :-