DARBARA SINGH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This petition is directed against the orders of the Returning Officer dated February 26, 1975.

(2.) Election programme for the election to the membership of Panchayat Samitis of District Faridkot was published and in pursuance of the said election programme the Assistant Registrar, Cooperative Societies issued election programme for two seats reserved for the Cooperative Societies. The petitioner and respondents 3 to 6 filed nomination papers for the election to the Panchayat Samiti for the reserved seats of the Cooperative Societies. These nomination papers were filed on February 24, 1975. Scrutiny took place on February 26, 1975 and the petitioner's nomination papers were rejected on the ground that his signatures did not appear in the membership register of the society against his name in proof of his being its member. It is against this order of the Returning Officer that the present writ petition has been filed.

(3.) I have perused the membership register pertaining to Daroli Bhai Cooperative Agricultural Service Society. The name of the petitioner appears in this register at serial number 257. It is shown that he was admitted as member on September 2, 1968. Column No. 4 of this register relates to the number of shares which a member has purchased and it is shown against his name that he has ten shares. The column for signatures is vacant. Copy of the audit report is also shown. In this audit report also the list of the membership of this Society is shown and name of the petitioner appears in this list. It is mentioned that he was also paid the dividend of Rs. 6/- of the share money on July 15, 1974. So, for all purposes, he is regarded by the Society as a member. It is pertinent to reproduce below Rule 20 of the Punjab Cooperative Societies Rules, 1963, which is in the following terms :-