M.M.Kumar, J.

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-l) 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, Co-operative 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. In the meantime, the members of the erstwhile Managing Committee filed C.W.P. No. 17066 of 2006 in this Court challenging their removal and appointment of the Board. Initially, holding of the elections of the Society was stayed by this Court, however, on 25.1.2007, the said writ petition was dismissed and it was directed that election be conducted afresh expeditiously so that the process is completed by 31.3.2007 (P-3). On 11.2.2007 another notice was published regarding election programme of the Society, scheduled to be held on 18.3.2007 (P-4).

4. 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 :-

"i. Each voter is to vote in favour of a candidate of his choice out of all the candidates contesting the election in the general meeting of the cooperative society.

ii. The candidates to be elected who secure the highest valid votes will be considered as elected i.e.: Total No. of Candidates = 20 To be elected = 7 Those seven who secure highest votes will be elected.

iii. A voter can exercise only one vote and can vote for only one candidate only." (emphasis added)

5. A perusal of the above clarification/order dated 4.11.2006 (P-l) shows that an eligible member could vote only for one candidate whereas seven members were required to be elected to constitute the Managing Committee. The petitioners have claimed that the aforementioned decision denies them their right to effectively participate in the affairs of the Society and the same is based on mis-interpretation of Section 20 of the Act as well as various provisions of the Rules. In that regard some members of the Society sent a letter dated 1.12.2006 through their counsel to respondent Nos. 1 and 2 (P-6 & P-7). In this