MAGHAR SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whether the State Government or the Registrar of the Cooperative Societies have the powers to interfere with the process of or postpone the elections to a Cooperative Society when the process of election is underway, is the prime question raised in this writ petition.

(2.) On the expiration of the term of Administrator of the Nabha Primary Cooperative Land Mortgage Bank Limited, Nabha (hereinafter called 'the Society'), its Manager framed the programme of election together with the zonal lists exhibited at the registered office of the Society and other conspicuous places within the area of its operation. He also issued the requisite notices intimating the programme of election. The petitioners filed nomination papers for zones of Babarpur and Sadhoheri. The Manager of the Society was also appointed the Returning Officer. Other candidates filed nomination papers from the various zones on November 21, 1984. Scrutiny of the nomination papers took place on November 22, 1984, and the nomination papers were found to be in order and were accepted. In all the six zones, the candidates were pitted against each other. They were allotted election symbols on November 23, 1984. The polling was fixed for November 30, 1984. By November 28, 1984, all the stages in the election except the polling and declaration of the results were completed. On November 28, 1984, the Deputy Secretary of Government, Punjab, addressed a communication to the Registrar, Punjab Cooperative Societies, Chandigarh, which read as under :-

(3.) The writ petition has been resisted by the respondents. Shri B.R. Tanwar, Deputy Secretary to Government, Punjab, has filed written statement on behalf of the State-respondent No. 1 a separate but identical written statement has been filed by the Manager of the Society-respondent No.3. It has been pleaded inter alia that after the assassination of late Prime Minister of India Shrimati Indira Gandhi on October 31, 1984, disturbances took place in certain parts of the country. In the second week of November 1984, the Election Commissioner of India ordered that elections to the Parliament be held from all States and Union Territories except the States of Punjab and Assam. This was done in view of the disturbed conditions of law and order in these States. Keeping in view the law and order situation in the State, the Punjab Government also decided to postpone the elections in the Cooperative Sector. The decision was conveyed by the Government to the concerned quarters for postponing the elections. It was further averred that the Government was anxious that Cooperative Societies be governed by their elected representatives and as soon as the normalcy is returned in the State and peaceful conditions prevailed, the elections would be held. In was admitted that elections to the Primary Cooperative Land Mortgage Bank, Sirhand and Samana in District Patiala were held. However, these were completed by October 31, 1984.