In cooperative society elections, zones formed by membership serial numbers when contiguity undiscernible; Article 226 permits directing membership verification for fair polls despite delays and remedies, ensuring bye-law compliance.

JUDGMENT :

Sandeep Sharma, J.

Petitioners herein, who are the members of respondent No.4-The Baghal Land Loosers Transport Cooperative Society Limited, Darlaghat (in short “respondent No.4-socieity”), are though primarily aggrieved of order dated 19.7.2018 (Annexure P-12) passed by Registrar (Cooperative Societies), Himachal Pradesh, Shimla-9, in terms of judgment dated 10.5.2018, passed by the Coordinate Bench of this Court in CWP No. 9532 of 2014, titled as Prem Lal Sharma v. Hira Lal and Ors., wherein a direction came to be issued to the Registrar (Cooperative Societies) to re-determine zones of the cooperative society in such a manner so as to ensure that same does not violate the provisions of law, but while seeking direction to the respondents to comply with the provisions of Rule 37 Appendix “A” and Rule 4 Sub-rule (2) of Appendix “A” of the Himachal Pradesh Cooperative Societies Rules, 1971 (in short the “Rules, 1971”), petitioners have also prayed for direction to respondent No.2 to take action on the inquiry report (Annexure P-8) and exclude respondents No. 16 to 141 from voter list as they allegedly do not fulfill the conditions stipulated by the Regulatory Committee constituted vide order dated 26.3.2010 (Annexure P-5), for being enrolled as members of the society.

2. For having bird’s eye view, facts relevant for adjudication of the case at hand as emerge from the pleadings adduced on record by the respective parties are that respondent No.4-Society, which is engaged in transportation work of Cement and Clinker with the Gujarat Ambuja Cement Limited Company Darlaghat is registered under the Himachal Pradesh Cooperative Societies Act, 1968 (in short “Act, 1968” ). Petitioners as well as private respondents, as detailed in the memo of parties, are members of the society. In the year 2014, the then Managing Committee, prior to end of its term resolved to conduct the election and accordingly, sent the election program to the Assistant Registrar (Cooperative Societies) Solan, for constituting new Managing Committee consisting of 11 zones through Block Inspector (Cooperative Societies) Kunihar. Vide order dated 18.10.2014, afore authority approved the election program as well as zones, however, respondents No. 7 to 15 alongwith some other members filed revision petition under Section 94 of the Act, 1968, before the Registrar (Cooperative Societies), which was further assigned to the Joint Registrar (Marketing) Cooperative Societies, Himachal Pradesh.

3. Afore authority adjudicated the revision petition on 31.10.2014 and directed the Assistant Registrar (Cooperative Societies) Solan to re-constitute the zones afresh as per law taking into consideration the position of zones as it existed in the year 2009. In terms of aforesaid directions, Assistant Registrar (Cooperative Societies), Solan, vide order dated 10.11.2014, reconstituted the zones taking into consideration the base of zones approved for the election of year 2009.

4. At this stage, it is apt to take note of the fact that while aforesaid exercise was being carried out by the Assistant Registrar (Cooperative Societies) in terms of directions issued by the Joint Registrar (Marketing) Cooperative Societies, Himachal Pradesh, vide order dated 31.10.2014, respondent No.4-Society approached this Court by way of CMPMO No. 362 of 2014, laying therei