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2016 Supreme(P&H) 3527

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Paramjeet Singh Dhaliwal
CWP No. 21168 of 2015
Ashok Kumar
v.
State of Haryana & Ors.
{Decided on 05/04/2016}

Advocates:
For the Petitioner:Mr. Rajesh Gupta, Advocate.
For the Respondent: Mr. R.K. Singla, AAG, Haryana.
For the Respondent No.5:Mr. Bhoop Singh, Advocate.

Headnote:Haryana Co-operative Societies Act, 1984, S.28(3) – Elections – In case the elections are not held before the expiry of term of the committee, the elected members of the outgoing committee shall be debarred from contesting the elections of the committee of any co-operative society for a period of five years from the date of the expiry of the term of the outgoing committee.

JUDGMENT

Mr. Paramjeet Singh Dhaliwal, J.: - Instant writ petition under Articles 226/227 of the Constitution of India has been filed for issuance of a writ in the nature of certiorari for quashing the election result of Zone 08-Hisar (Panchayat and Co-op Societies) of the Managing Committee of the Board of Directors of the Jind Co-operative Sugar Mills Limited, Jind (for short ‘Sugar Mill’) held on 19.04.2015 (Annexure P-1) and for quashing the order dated 03.09.2015 (Annexure P-5) passed by respondent No.1 in favour of respondent No.5.

2. Brief facts of the case are that the election of the Managing Committee of the Board of Directors of the Sugar Mill was held on 19.04.2015, for which the Deputy Registrar, Cooperative Societies, Rohtak, was appointed as the Returning Officer. The area was divided into 9 different zones and the election programme was prepared as under:-

“1.

Filing of Nomination Paper

30.3.2015

2.

Scrutiny of Nomination Paper

31.3.2015

3.

Withdrawal of nomination paper and allocation of symbols

01.04.2015

4.

The poll, if necessary and thereafter the counting of votes.”

19.04.2015

3. The petitioner and respondent No.5, along with two other candidates, contested the election of the Managing Committee of the Sugar Mill from Zone No.8-Hisar (Panchayat & Co-op Societies). After the poll, counting was held on the same day i.e. 19.04.2015, in which the petitioner secured 16 votes as against respondent No.5, who secured 28 votes and respondent No.5 was declared elected. Other two candidates were polled zero vote. The petitioner has challenged the election of respondent No.5 in the present writ petition on the ground that election of respondent No.5 from Zone No.8-Hisar as a member of the Managing Committee of the Sugar Mill is absolutely illegal, wrong and against the provisions of the Haryana Co-operative Societies Act, 1984 (for short ‘the Act’)and Haryana Co-operative Societies Rules, 1989 as he was disqualified and debarred from contesting the election of the Managing Committee of any of the cooperative societies for five years w.e.f. 25.07.2014 by the Deputy Registrar, Cooperative Societies, Rohtak, vide his order dated 19.09.2014 (Annexure P-2), passed under Section 28(3) of the Act against which respondent No.5 along with his other aggrieved counterparts filed revision petition before the Principal Secretry, Government of Haryana, Co-operative Department, Chandigarh. The revision was listed for hearing on 02.12.2014 and following order was passed: -

“The petitioner counsel reiterated the grounds of revision petition and prayed for staying the operation of impunged order dated 19.9.2014 passed by the Deputy Registrar, Cooperative Societies, Rohtak. Heard. In view of the submissions made by the petitioner counsel the stay is granted till next date of hearing. Issue notice to respondents for appearance and production of record on 13.01.2015 at 4 P.M.”

4. On 13.01.2015 following order was passed: -

“None appeared for R-3. A fresh notice be issued to R-3 for appearance and production of record on 21.4.2015 at 3 P.M.”

5. On 21.04.2015 Presiding Officer was on leave and case was adjourned to 11.08.2015. Meaning thereby the stay operated till 13.01.2015 and no extension of stay was granted. Last date for filing of nomination papers was 31.03.2015 and on that date respondent No.5 was not eligible to contest the election. Further vide order dated 03.09.2015 (Annexure P-4) Principal Secretary to Government of Haryana set aside the order dated 19.09.2014 in revision and remitted the matter back to Deputy Registrar, Co-operative Societies for fresh order after providing adequate opportunity of hearing to the parties. One Smt. Saroj filed CWP No.9052 of 2015 challenging the same election dated 19.04.2015, however, for Zone No.3- Uchana (reserved fe

























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