(1.) THE main question which has to be decided in this petition under Articles 226 and 227 of the Constitution relates to the legality of the two orders passed by Shri Mahipal Singh, Deputy Registrar, Co-operative Societies, Rohtak, in his capacity as returning officer, rejecting the nomination papers of the petitioners and accepting that of Ch. Hardwari Lal, M. L. A. (respondent No. 4 ). for the office of the Chairman of the Panlpat Co-operative Sugar Mill Ltd. , a society registered under the Punjab Co-operative Societies Act No. 25 of 1961 (hereinafter called the Act ). The facts leading to the filing of the petition are brief and may first be surveyed.
(2.) THE Panipat Co-operative Sugar Mills Ltd. (referred to in this judgment as the Society) runs a sugar mill at Panipat, District Karnal. The management of the society vests in its Board of Directors, of which the petitioner is a duly elected member, and Ch. Hardwari Lal, (respondent No, 4), a nominated member under Section 26 (2) (a) of the Act. Section 26 (1) and (2) (a) are quoted below:
(3.) IT is an admitted fact that the State of Punjab has invested "considerable money'' in the share capital of the society. It is on that account that Hardwari Lal respondent (hereinafter called the contesting respondent) and two others had been nominated by the Government on the committee of directors of the society on December, 24. 1965 (copy of the order is Annexure R. F. attached to the written statement of respondent No. 3 ).