DHARAM PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This application has been filed in connection with the writ petition, namely, C. W. P. No. 2301/95. The writ petitioner/applicant by this application has prayed that he may be allowed to participate and , contest the election of the Board of Directors of the respondent Kangra Central Co-operative Bank Ltd. in accordance with law notwithstanding condition No, 10 imposed by the respondent-Bank vide Annexure P-2 to the writ petition.

(2.) The writ petitioner is an employee of the Government of Himachal Pradesh add he is working as Junior Engineer. The respondent-Bank notified election of the Board of Directors of the respondent-Kangra Central Co-operative Bank Ltd Dharamshala for the year 1995. The applicant-writ petitioner is a member of Thathal Co-operative Agricultural Service Society Ltd., which is a primary cooperative society, wereas the respondent-Bank is a secondary cooperative society. The petitioner was elected as a delegate from ward No.. 10. Under the respondent-Bank, which is a secondary Cooperative Society, there are 16 zones and one Director from each zone was to be elected. Accordingly, the respondent-Bank issued a Notice dated 9.11. 1995 vide Annexure P-2 giving the election programme. In the said Notice, there is a condition No. 10, which runs as follows :

(3.) We have heard learned counsel for the petitioner, learned Advocate ; General and learned counsel for the respondent-Bank.