Members' right to vote in cooperative society elections is subject to fulfilling payment obligations, and allegations of irregularities must be supported by evidence.

K.Kannan, J.

1. The writ petition seeks for a direction that the election shall be conducted in consonance with law and/fair play, without obstructing the members of the Society from exercising their franchise to vote or to deprive the petitioner to contest the election of the President of the Society. The election to the managing committee of the Society was scheduled to take place on 13.08.2009 and the schedule of the election program had been drawn up through a resolution of the Committee which was alleged to have been on 15.06.2009. The grievance of the petitioner was that on applying for copy of the voters list on 28.07.2009, he found out of 624 members in the Society only 351 had been listed as eligible to vote. He gave representation to the Registrar Cooperative Societies that the Society had a rival faction which had with mala fides cancelled the membership of some of the persons to deprive them from casting their votes in the poll. Sub-sequently the present writ petition had been filed and at the stage when the Court ordered notice of motion, it also observed that the election of the management committee could be held subject to the outcome of the writ petition.

2. Subsequent to the filing of the writ petition, having regard to the fact that the election was permitted to be proceeded with, the election appears to have been held on 15.10.2009. The grievance of the petitioner is that the election was not held properly and there had been violation of the salutary rules, having not followed the due procedure for election set out in part II of Appendix-C of the Punjab Cooperative Societies Rules, 1963 (called the 1963 Rules). Part-11 of the Appendix-C details the rules for election in primary, cooperative societies if it is held in general meeting. Rule 1 states as follows --

"1. Calling of General Meeting- The meeting for the election shall be convened by the Manager or the Secretary of the Cooperative Society, as the case may be, under the directions of the committee in the manner prescribed in the bye-laws of the society and at least 15 days notice specifying the date, time and place of the meeting shall be given to all members.

2. The notice of the meeting shall be given by affixing a copy of the notice at the Cooperative Society-s Office and by the circulation of the notice book and getting the signatures of the members on it and by beat of drums in the area of operation of the Cooperative Society.

3. The notice of the meeting shall be given -- i) by affixing a copy of the notice at the office of the Cooperative Society; and

ii) (a) by circulation of the notice-book and getting the signatures of members on it; or

(b) by sending the notice to the members by Registered post; or

(c) by beat of drum in the area of operation of the Cooperative Society; provided the area of operation consists of one village only."

3. The contention of the petitioner is that no such notice had been given and the meeting which was alleged to have been held determining the election program had been held on 15,06.2009 without following the procedure.

4. It is an admitted case that in the electoral roll prepared the petitioner-s name is found at serial No. 400 but against him in the last column captured under the head "vote-yes or no", the word "no" had been entered. Evidently the electoral roil prepared did not cancel his membership or withdraw the membership but had spell out that he was not entitled to vote. The qualification for a member to vote is spelt out in Sections 17 and 18 of the Punjab Co-operative Societies Act is as under --

17. Member not to exercise rights till due payment made- No member of a co-operative society shall exercise the rights of a member unless he has made such payments to the society in respect of membership or has acquired such interest in the society as may be specified to the bye-laws.

18. Voles of members -- Every member of a cooperative society shall have one vote in the affairs of the society.

Provide