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1976 Supreme(P&H) 14

S.S.SANDHAWALIA, S.C.MITAL
Sadhu Ram – Appellant
Versus
State Of Haryana – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. Whether bye-law 15 of the Indri Cane Growers Co-operative Society Ltd. providing that the members of the said Society will exercise their votes through their delegates and will have no vote of their own is violative of Appendix `C framed under Rule 23 of the Punjab Co-operative Societies Rules, 1963 , is the primary and indeed the sole question which calls for determination in this writ petition before us on a reference.

2. Since the only legal issue pressed before us is the one mentioned above, it suffices to advert to the facts relevant thereto. The two petitioners are the members of the Indri Cane Growers Co-operative Society Ltd., (hereinafter called the Society) which is a body duly registered under the Punjab Co-operative Societies Act 1961. The Cane Commissioner Haryana (respondent No. 4) fixed the election to the Managing Committee of the Society on a zonal basis for the 31st of May, 1973, and appointed the Assistant Registrar, Co-operative Societies (respondent No. 5) as the Returning Officer therefor. The election programme provided that the nomination papers were to be filed on the 23.05.1973; which were to be scrutinised on the following d























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