NAND PARKASH VOHRA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These two writ petitions (C.W.P. No. 14 of 1999 and C.W.P. No. 35 of 1999) are being disposed of by a common judgment as in both of them, inter alia, same order dated 27-12-1998 (Annexure P-15) of the Registrar, Co-operative Societies, Himachal Pradesh (hereinafter called 'the Registrar') has been assailed on the same set of facts and law points. By the said impugned order the Registrar has accepted the appeal filed by respondent No. 6 Jagdish Shankhyan and set aside the award dated 26-10-1998 of the Arbitrator, the District Audit Officer, Co-operative Societies, Mandi District, Mandi, who had allowed the election petitions of the petitioners in both these writ petitions, namely, Nand Parkash Vohra, Prem Lal and Deepak Sharma and set aside the elections to the Managing Committee of respondent No. 5 the Bilaspur Truck Operators Co-operative Transport Society Ltd. (hereinafter called 'the Society') held on 25-5-1998, in which respondent No. 6 Jagdish Shankhyan was elected as President, who further nominated respondents Nos. 7 and 8 Sunder Lal Dogra and Balak Ram as Vice-President and Cashier respectively besides other members of the Managing Committee.

(2.) It is not in dispute that the petitioners and respondents 6 to 8 are the members and shareholders of the Society, which is a primary Co-operative Society registered under the Himachal Pradesh Co-operative Societies Act, 1968 (hereinafter called 'the Act'). After completion of normal tenure of the Managing Committee of the Society its elections were scheduled to be held on 25-5-1998 but on that date the election only to the post of the President was held and respondent No. 6 Jagdish Shankhyan was elected as President. The contest for the post of the President was between petitioner Nand Parkash Vohra and respondent No. 6 Jagdish Shankhyan and the latter was elected as President by defeating the former by 76 votes. Nand Parkash Vohra secured 258 votes, whereas, Jagdish Shankhyan secured 334 votes. So far the posts of other Office-Bearers and Members of the Managing Committee are concerned, no election was held and the elected President Jagdish Shankhyan was authosied by a resolution passed by the General House to make nominations. Accordingly, respondents Nos. 7 and 8, namely, Sunder Lal Dogra and Balak Ram were nominated as Vice-President and Cashier besides other Office-Bearers and Members of the Managing Committee.

(3.) Feeling aggrieved, two separate election petitions were filed on 19-6-1998 before the Deputy Registrar, Co-operative Societies, Central Division, Mandi, one by petitioner Nand Parkash Vohra, who had contested election for the post of the President and the other by petitioners Prem Lal and Deepak Sharma, who were aspirants to the posts of Vice-President and Cashier respectively but could not contest, as no election was held for the said posts besides other posts of Office-Bearers and Members of the Managing Committee. Apprehending that the hearing of the election petitions was being delayed, the petitioner Nand Parkash Vohra filed C.W.P. No. 624 of 1998 seeking directions for early disposal of his election petition. The said writ petition came up for hearing before this Court on 31-8-1998 and it was finally disposed of directing the Deputy Registrar, Co-operative Societies, Central Division, Mandi to decide the matter in accordance with law on merits within eight weeks from the date of the order. Thereafter on 15-9-1998 two orders were passed by the Deputy Registrar, Co-operative Societies. By one order (Annexure P-6) the application for stay was dismissed and by the other order (Annexure P-6/A) in exercise of powers under Section 73(1)(C) of the Act, the District Audit Officer, Co-operative Societies, Office of the Assistant Registrar, Co-operative Societies, Mandi was appointed as Arbitrator to decide the election dispute between the parties within a period of one month. Accordingly, the Arbitrator gave his award on 26-10-1998 (Annexure P-17) setting aside the elections to the Managing Committee on the grounds that no voter list was prepared and photo copy of the list of members was used as voter list, which also contained the names of defaulter and deceased members. It was also held that the elections to the posts of Vice-President, Cashier and other Office-Bearers as well as Members of the Managing Committee were required to be held simultaneously with the post of the President in accordance with law and General House could not authorise the President to make nominations for these posts. So far the objection that non-members and/or ineligible members had cast their votes is concerned, it did not find favour with the Arbitrator for the reason that no such objection was raised by the petitioners on the spot.