BEJUL SOMAIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution prays for issuance of a writ in the nature of mandamus declaring the provisions of Section 20 of the Haryana Co-operative Societies Act, 1984 (for brevity, 'the Act') ultra vires of Article 14 of the Constitution. It has also been prayed that Rule 34 of Appendix 'A' of the Haryana Co-operative Societies Rules, 1989 (for brevity, 'the Rules') be declared as ultra vires of the Act. A further prayer has also been made for quashing order dated 4.11.2006 (P-1) issued by respondent No. 3.

(2.) BRIEF facts of the case are that the petitioners are members of the Saraswati Kunj Cooperative House Building Society Ltd., Wazirabad, Gurgaon- respondent No. 5 (for brevity, 'the Society'). It is claimed that the Society has approximately 9,200 members. On 29.11.2004, on account of certain irregularities, the Assistant Registrar-respondent No. 7 suspended the then Managing Committee of the Society and the Inspector, Cooperative Societies, Gurgaon, was appointed as the Administrator of the Society. On 2.2.2005, the then Managing Committee of the Society was removed by respondent No. 7 and a Board of Administrators comprising of Deputy Registrar, Co-operative Societies, Assistant Registrar, Co-operative Societies, Inspector, Co- operative Societies-respondent Nos. 6, 7, 8 and Sub-Divisional Officer (Civil) Gurgaon, was appointed. The Sub Divisional Officer (Civil) was later on substituted by Dr. Avtar Singh, Commissioner, Gurgaon Division. Shri Suresh Aggarwal-respondent No. 3 was appointed as 'Election Manager-cum-Manager' by the Board of Administrators to manage the affairs of the Society till the time fresh elections are conducted. The elections of the Managing Committee of the Society were fixed for 19.11.2006 by the Election Manager-cum-Manager- respondent Nos. 3 and the Returning Officer-respondent No. 4. In that regard a notice was published in the newspaper wherein detailed election programme was given (P-2).

(3.) ON 4.11.2006, some of the members of the Society sought a clarification from the Returning Officer and Assistant Registrar, Cooperative Societies whether members would be permitted to vote for all seven posts or they would be allowed to vote for only one candidate (P-5). On 4.11.2006 itself respondent No. 3 passed an order clarifying as under :-