Punjab-Haryana High Court
Om Parkash Mann vs State Of Haryana on 12 October, 2000
JUDGMENT
A.S. Gill, J. (Oral)
1. Heard counsel for the parties.
2. Mr. S.S. Dalal, learned Counsel for respondent No. 4 has made statement that since election earlier postponed has now to beheld on 27.11.2000 and schedule has been published, this writ petition has become in-fructuous. He has placed on record photo copy of the order of the Registrar, Co-operative Societies, Hary-ana dated 6.10.2000 as well as the schedule of dates concerning the conducting of election pertaining to Managing Committee of the Bhiwani Central Co-op-eralive Bank Ltd., Bhiwani.
3. The controversy in brief as set out in the writ petition is that tenure of Board of Directors of the Managing Committee of the Bhiwani Central Co-operative Bank Ltd., Bhiwani came to an end on 13.1.1999. Earlier to the expiry of the term of Board of Directors, after competition of the process in respect of formation of Zonal Committees and preparation of the Zones and the voters list, informed the Registrar, Co-operative Societies" for holding the election, who accordingly fixed the election on 24.5.1999 after issuing the schedule of election and the voters list after the same was displayed on the notice board. However, the Registrar by subsequent letter dated 11.3.2000, copy of which is Annexure P-3, on account of inadequate police force available postponed the election without fixing any next date. Subsequently, on a legal notice served on the Registrar, the date of election earlier postponed was fixed as 31.5.2000. The election programme was issued on 18.1.2000 vide Annexure P-4. However, this date of election was further postponed by another letter dated 10.4.2000, copy of which is Annexure P-5. This was challenged in the present writ petition seeking quashing of letter Annexure P-5 postponing the election and also stay of the same.
4. In view of the statement made by Mr. S.S. Dalai and copy of the orders of the Registrar, Co-operative Societies fixing the date and election programme, the writ petition impliedly becomes infructuous as the petitioners are mainly seeking the relief of holding the election of the Managing Committee of the Co-operative Bank. However, it has been contended by Mr. H.S. Hodda, Senior Advocate appearing for the petitioners that the respondent cannot bring a new voters list as the election process has already been set in on the basis of the existing voters' list which was only postponed for one reason or the other. He has referred to the provisions of Section 28 of the Haryana Co- operative Societies Act and also the decision in the case of Sardar Mohammad v. The State of Haryana and others, 1977 Punjab Law Journal 12. Mr. S.S. Dalai, learned Counsel appearing for respondent No. 4 on the other hand stales that since after the expiry of the tenure of the existing Board of Directors, the Registrar had appointed the Administrator who has introduced the fresh Co-operative Societies in the society, who are required to be included in the voters list, a new voters' list has been prepared and the earlier list cannot be the basis of the election.
5. We have considered the rival contentions. Subsection (2) of Section 28 of the Haryana Co-operative Societies Act, 1984 postulates as under :-
"(2) The election process once started shall not be postponed and disputes, if any, pertaining to the election, shall be entrained after the completion of the election process, in accordance with the provisions of this Act.
Explanation. - The election process shall be deemed to have started from the date of the order of the Registrar fixing the date of election."
Admittedly, after the Registrar announced the holding of the election by his order Annexure P-1 and the election programme (Annexure P-2), the election process was set tn as envisaged in Section 28 of the Haryana Co-operative Societies Act, the Registrar, Co-operative Societies thereafter ceased functus officio to issue any further direction in the matter which under the law came to be in the hands of the Election Officer. We need not go into the detail and merits of the postponement of date of the election in this case- However, it is not shown in any way if the earlier election programme was annulled and fresh elections were ordered. If the date of election now fixed is in respect of the same election process which was set in by the Registrar as per Annexure P-1, presumably it has to be on basis of the same voters list. Moreso it has been settled by a Division Bench of this Court in the case of Sardar Mohammad (supra) that election process once set in cannot be postponed. If that is so after the postponement, if any, the voters list cannot be altered midway of the election programme/process.
6. In view of what has been said above, this petition is disposed of finally with the observation that the election to the Board of Directors and Committee of Management of the Bhiwant Central Co-operative Bank Ltd. shall be held as scheduled on 29.11.2000 on the basis of votes list prepared and available when the election process was set in by the orders of the Registrar. Annexure P- 1.
7. Order accordingly.