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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Kapurthala Jalandhar Self Supporting Cooperative Cold Store Ltd. – Appellant
Versus
State of Punjab – Respondent
Headnote: Read headnote
JUDGMENT
G.S. Sandhawalia, J. (Oral)
CM-5124-LPA-2016
The appellants have filed the present application under Rule 2 Chapter 1 Part-C of the High Court Rules & Orders Volume V, to file the present appeal as they were not party before the learned Single Judge and it is stated that the order dated 17.11.2016 has adversely affected their rights. It is submitted that under Rule 2(d), they were not a party to the proceedings and therefore, desire to present the Court by a memorandum of appeal.
2. Keeping in view the issue which is subject matter of consideration, we are of the considered opinion that a case is made out to allow the application as their interest is prejudiced by the said order. Accordingly, the present application is allowed.
3. CM stands dispos
The main legal point established in the judgment is that objections to the provisional voters list for co-operative society elections must be within the jurisdiction of the Election Officer and must ....
Bye-laws of a co-operative society cannot override statutory provisions, and writ petitions against such societies are not maintainable if they do not qualify as 'state' under Article 12.
The court held that non-attendance at meetings due to COVID-19 restrictions should not disqualify members from voting, affirming that disputes about eligibility typically fall under statutory provisi....
The court affirmed that voter eligibility disputes in cooperative elections should be resolved through election petitions, not writ petitions, emphasizing the Presiding Officer's limited authority in....
Writ jurisdiction cannot override statutory remedies when addressing electoral disputes in cooperative societies, particularly under Section 70 of the Karnataka Cooperative Societies Act, 1959.
Exclusion from a voters' list mandates recourse to statutory remedies, not writ jurisdiction, unless exceptional circumstances arise.
The central legal point established in the judgment is that the absence from the I and J register alone cannot justify the exclusion of voters from the final voters list. The court emphasized the sig....
Membership in a co-operative society cannot be terminated without following the statutory procedure, and arbitrary exclusion from the voters list violates principles of natural justice.
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