Punjab-Haryana High Court
Phool Singh vs Returning Officer-Cum-Assistant ... on 21 October, 2013
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
CWP No.23057 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CWP No.23057 of 2013
Date of Decision: 21.10.2013
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Phool Singh
. . . .Petitioner
Versus
Returning Officer-cum-Assistant Registrar, Cooperative
Societies, Yamuna Nagar and another
. . . . Respondents
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CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.Surender Singh Dalal, Advocate,
for the petitioner.
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RAKESH KUMAR JAIN, J.
The petitioner is primary member of the Khizrabad Primary Agricultural Cooperative Society Limited [for short 'the Society']. On 4.10.2013, the election of the managing committee of the Society was fixed for 17.11.2013. However, on 12.10.2013, the date of election was changed from 17.11.2013 to 24.11.2013. The petitioner, who intends to contest the election, made a representation to the returning officer for changing the date of election between 18.11.2013 to 22.11.2013 or after 24.11.2013 because on 24.11.2013 his son is getting married. However, it is alleged that he has been orally refused and hence, the present writ petition.
Learned counsel for the petitioner has submitted that as per Section 28 of the Haryana Cooperative Societies CWP No.23057 of 2013 -2- Act, 1984 [for short 'the Act'], the election process once started can not be postponed, therefore, the postponement of the election on 12.10.2013, by way of corrigendum, from 17.11.2013 to 24.11.2013 is not in accordance with law.
I have heard learned counsel for the petitioner and perused the record.
The election programme started from 14.10.2013 onwards which is reproduced as under: -
Sr. Programme Dated Time Place No. 1 Exhibition 14.10.2013 9:00 1. Office of of tentative to AM to Assistant voter list as 16.10.2013 5:00 Registrar, per sub- PM Cooperative rule (2) of Societies rule 3.5 Yamuna Nagar
2. Registered office of the society 2 Hearing of 17.10.2013 10:00 Office of the AM to Assistant objections 1:30 Registrar, against AN Cooperative tentative Societies, voter list as Yamuna Nagar per sub-
para (4) of para 3.5 3 Filing of 07.11.2013 10:00 -do-
nomination AM to
paper 2:00
PM
4 Security of 08.11.2013 10:00 -do-
AM to
nomination
1:30
papers AN
CWP No.23057 of 2013 -3-
5 Withdrawal 11.11.2013 10:00 -do-
of AM to
nomination 1:30
papers AN
6 Allotment 11.11.2013 3:00 -do-
of election AN
symbols till
and close
exhibition of the
of validly office
nominated
candidates
7 Polling if 17.11.2013 8:00 Government
necessary AM to Senior
4:00 Secondary
PM School
Khizrabad
The corrigendum has been brought on 12.10.2013 before the election process could start changing the date of election from 17.11.2013 to 24.11.2013 because of Guru Parv and Mela of Kapal Mochan.
Learned counsel for the petitioner has argued that he came to know about the corrigendum on 15.10.2013 and applied to the returning officer for changing the date of election between 18.11.2013 to 22.11.2013 or after 24.11.2013 because his son is getting married on 24.11.2013 and he wanted to contest the election. As a matter of fact, Section 28 of the Act applies to the petitioner because he has made the representation to the returning officer on 15.10.2013 i.e. after the election process had started w.e.f. 14.10.2013 and wanted to change the date of election for his CWP No.23057 of 2013 -4- own purposes as his son is getting married on 24.11.2013. If the petitioner is so keen to contest the election, he can postpone the marriage of his son from 24.11.2013 but only because of this reason, the date of election cannot be postponed.
Thus, I do not find any merit in the present writ petition and the same is hereby dismissed.
(RAKESH KUMAR JAIN) 21.10.2013 JUDGE Vivek Pahwa Vivek 2013.10.23 14:35 I attest to the accuracy and integrity of this document