PALARAMNAIN Vs. FINANCIAL COMMISSIONER AND SECRETARY

JUDGEMENT

(1.) Election to the Board of Directors of Haryana Co-operative Housing Federation Ltd. Manimajra, U. T. Chandigarh (hereinafter referred to 'Housefed') was held on 30-6-1993. There were 10 Zones and from each Zone one Director was to be elected. The petitioner Pala Ram Nain was challenged before the Additional Registrar, Co-operative Societies, Harayana, Chandigarh, by one Niranjan Dev on the ground that he was not eligible to contest the said election as he was paid employee of the society. It may be here that there is no dispute between the parties about Pala Ram Nain's being a paid employee of the society.

(2.) Additional Registrar, Co-operative Societies, vide its order dated 28-11-1994 accepted the Election Petition of Niranjan Dev and set-aside the election of Pala Ram Nain on the ground that as per bye-law 38 (i) (b) of the Bye-laws of the Housefed the petitioner Pala Ram Nain was not eligible for being elected as a member of the Housefed because he has a paid employee of a co-operative society. Pala Ram Nain petitioner filed an appeal under Section 114 of the Haryana Co-operative Societies Act, 1984 against the order of the Additional Registrar, Co-operative Societies but without any success.

(3.) The appellate authority while dismissing the appeal of the petitioner vide its order dated 9-7-1995 again held that the election of the petitioner was rightly set-aide as he was not eligible for election as a member of the Housefed being a paid employee of any co-operative society. The petitioner has thus come in this writ petition under Articles 226/227 of the Constitution of India seeking quashing of the orders dated 28-11-1994 (annexed as Annexure P-3 and P-5 with the petition) of the Additional Registrar as Financial Commissioner respectively and he has further prayed that petition may be declared as legally elected.