KESAR CHAND Vs. ADDITIONAL SECRETARY

JUDGEMENT

(1.) THE respondent No.2 Bara Cooperative Society is a duly registered Society under the provisions of the H.P. Co-operative Societies Act, 1968 having its own bye laws.

(2.) THERE is no dispute with regard to the fact that a meeting of the said Society was called for on 21.10.2004 and it was decided that elections to the Managing Committee of the Society be held on 6.11.2004 at 1 pm. Accordingly, a General House meeting was called on 6.11.2004. 498 members of the society attended this meeting. It appears that some dispute occurred between the members of the society and the agenda fixed for election to the Managing Committee was cancelled and the meeting was adjourned to 6.12.2004. On 6.12.2004 another meeting of the General House was held. It was unanimously decided that villages of Dhangar, Plassi, Dobar Kalan and Chamral which had a membership of more than 75 persons each would be permitted to have one elected member on Managing Committee from each of the said villages. Shri Lashkari Ram was elected from village Dhangar and Shri Bali Ram from village Palassi. When the meeting for Dobar Kalan was being held, elections took place and as per minutes (Annexure P3) annexed to the writ petition, Shri Chand Kishore got 93 votes and Shri Kesar Chand got 95 votes. However, some dispute with regard to the counting of votes was raised and even the Secretary did not agree to the manner of counting of the votes and the meeting was adjourned to 9.1.2005. On 9.1.2005, another meeting of the General House of the Society was held and the elections took place. In the meantime, some persons raised objections that elections should be held ward-wise and only the electors of that particular ward should be allowed to vote. These objections were over-ruled and thereafter more than 120 members walked out from the meeting. The elections were finalized in the absence of these members. Thereafter the petitioner herein filed a petition under Section 72 of the Cooperative Societies Act for setting aside the elections on various grounds. The Assistant Registrar, Cooperative Societies vide his order dated 9.6.2005 quashed the election held on 9.1.2005. The Society and other members challenged this order before the Appellate Authority. The Appellate Authority vide his order dated 6.3.2006 set aside the order of the Assistant Registrar, Cooperative Societies and upheld the elections as valid. Hence the present writ petition.

(3.) SHRI Suneet Goel learned counsel for the petitioner submits that the elections have been held in violation of rule 32 of the H.P. Cooperative Societies Rules and, therefore, are invalid. He further submits that the elections should have been held ward-wise. It is lastly contended that as per bye laws of the Society, each village having more than 75 members in the Society was entitled to have one seat reserved for the village.