The Registrar does not have the authority to postpone indefinitely the election process midway when all the formalities necessary for the election have been validly completed.

A.S.Bains, J.

1. Fresh elections to the Committee of the Central Co- operative Bank, Gurgaon, (hereinafter called `the Bank) were directed to be held on July 25, 1975, by the Registrar, respondent No. 2 under the Rules of Election to the Committee of Cooperative Societies (hereinafter called `the Election Rule) embodied in Appendix `C (as in Haryana) of the Punjab Cooperative Societies Rules, 1963. Respondent No. 3, who was Retuning Officer, issued the election programme under rule 5 of the Election Rules and accordingly exhibition of the voters list of various zones was to be made on May 23, 1975; objections to the constitution of the zones and the voters lists were to be heard on May 29, 1975; certified copies of the resolution by the Member Cooperative Societies as required by sub-rule (6) of rule 4 of the Election Rules was to be filed on June 12, 1975; the list of representative of member- societies, who are to act as voters was to be exhibited on June 24, 1975 ; the nomination papers were to be filed on June 30, 1975; scrutiny of the nomination papers was to be held on July 1, 1975; withdrawal of any of the nomination papers was to take place on July 3, 1975 symbols were to be allocated on July 4, 1975 ; and the election was to take place on July 25, 1975. In compliance with this election programme published by respondent No. 3, the list of various zones of voters was exhibited on May 23, 1975 ; objections were heard on May 29, 1975 ; notified copies of the resolutions by the member-societies were filed on June 12, 1975 ; and the list of representatives of member-societies for acting as voters was exhibited on June 24, 1975. Thus the process of election up to this stage was completed when all of a sudden respondent No. 2 (the Registrar) issued a stay order by telegram (annexure P. 2) on June 25, 1975, suspending further operation of the election programme in the following terms :-

"Election of Central Cooperative Bank Gurgaon fixed for 25.7.75 postponed."

It is averred in para 5 of the petition that the Registrar had postponed the election under some political pressure. It is in this situation that the present writ petition has been filed challenging the order of respondent No. 2 staying election to the Committee of Bank.

2. The only point urged by Mr. Balwant Singh Malik, learned counsel for the petitioner, is that the Registrar has no authority in law to postpone indefinitely the process of election midway when all the formalities, necessary for the election, had been validly completed. The return has been filed on behalf of respondent No. 2 by the Joint Registrar. The facts regarding the election programme and postponement of the election as alleged in the petition are admitted. The revelant para No. 4 is reproduced below :-

"In reply to para 4 of the petition it is submitted that according to the election programme chalked out by respondent No. 3 the lists of zones and zonal lists of voters were exhibited by the Manager. The Gurgaon Central Cooperative Bank Ltd., Gurgaon in the registered Office of the Bank and also in the office of the Block Development and Panchayat Officer Gurgaon on 23.3.1975 for a period of six days in terms of rule 4(3) of the Punjab Cooperative Societies (Haryana Second Amendment) Rules, 1972. The objections were heard and decided against these lists by the respondent No. 3 on 29.5.75. On 24.6.75 the answering respondent received two complaints one from Shri Har Kishan member of the High Joint farming Society, tehsil Palwal and the other from Shri Rajpal singh Director of the Bank to the effect that the lists of voters did not contain the names of various societies which were members of the bank and the zones were and not properly constituted. Rule 4(1) of the aforesaid rules enjoined a statutory duty on the respondent No. 3 to include the names of all the members of the Bank in the list of voters. Since the lists of voters and the constitution of zones formed the basis of the entire e