SUKHMENDER SINGH Vs. DIALPURA MIRZA

JUDGEMENT

(1.) This writ petition is filed invoking the certiorarial jurisdiction of this Court to quash the orders of respondents No. 12 and 13 upholding the election of the Managing Committee of Dialpur Mirza Co-operative Agriculture Service Society Limited (Hereinafter referred to as the 'Society'). The petitioners are the members of the said society were held on 28-7-1993 and the election programme was issued on 20-7-1993. The 1st petitioner filed his nomination paper for election as a member of the Managing Committee of the aforesaid Society. His nomination paper was rejected by the Returning Officer on the ground that the correct Khata No. (account No,) was not given in the nomination paper. The 2nd petitioner is also a member of the said society. After rejecting the nomination paper of the Ist Petitioner, the elections took place and respondents 3 to 11 were elected as Members of the Managing Committee. Challenging the election of the Members of the Managing Committee, the petitioners filed an election petition before the Deputy Registrar, Co-operative Societies, Bhatinda, under Sections 55 and 56 of the Punjab Co-operative Societies Act, 1961. In their election petition, they challenged the election on the ground that the rejection of the nomination paper of the 1st petitioner was illegal. They also took certain other grounds namely that the nomination papers of Ramji Singh and other candidates were illegally accepted by the Returning Officer and notice of to days was also not given prior to holding the election. The Deputy Registrar, Co-operativy Societies, by his order dated 18-1-1994 held that the rejection of the nomination paper of the Ist petitioner was valid and that the elections were held in accordance with the Rules and accordingly rejected the election petition. Aggrieved by the said order the petitioners filed an appeal before the Joint Registrar, Ferozepur Division, Ferozpur, who by his order dated 16-16-1994 held that the rejection of the nomination paper of Sukhminder Singh was made without giving an opportunity to him and accordingly set aside the election of the society held on 28-7-1993 and directed the fresh election to be held within a period of two months. Against the said order of the Joint Registrar three members who have been elected in the election held on 28-7-1993 filed a Revision petition before the Joint Secretary, Co-operation (Appeals) Punjab, who by his order dated 27-1-1995 allowed the revision petition and set aside the order of the Joint Registrar dated 16-6-1994 and upheld the order of the Deputy Registrar dated 18-1-1994 whereby he upheld the ejection of the Manaaging Cmmittee of the said Society,

(2.) Challenging this order of the Joint Secretary, Co-operation (Appeals) Punjab, confirming the order of the Deputy Registrar, Co-operative Societies dated 18-1-1994, the petitioner filed this writ petition.

(3.) There is no dispute that the 1st petitioner is a Member of ihe Society. There is also no dispute that he has filed his nomination paper within the time. The nomination paper of the Ist petitioner-Sukhminder Singh has been rejected by the Returning Officer on 28-7-1993 on the ground that he has mentioned account No. 339, whereas the correct Khata (Account Number) is 399. That is the sole ground on which the nomination-paper of the 1st petitioner was rejected. The only point that arises for consideration in this writ petition is whether the nomination-paper of the Ist petitioner was validly rejected at the time of scrutiny by the Returning Officer. In this context, it is useful to refer to Rules relating to the election of the Cooperative Societies. Appendix 'C' of the Punjab Co-operative Societies Rules, 1963 deals with the elections of the Co-operative Societies. The Appendix 'C' has been incorporated in pursuance of Rule 23 of the Punjab Co-operative Societies Rules, 1963, according to which the members of the committee of the Co-operative Societies shall be elected. Under Clause (1) of Appendix C, 'voter' means a person entitled to vote under these rules. Under Clause (g) of Rule 1 of Appendix-C, 'Candidate' means a voter who files his nomination papers to seek election of a member of the committee of a co-operative society. Rule 6 of Appendix-C provides for the scrutiny of nomination papers. It reads as follows :