H.R. Sodhi, J. - (1.) THIS writ petition arises out of an election dispute between the Petitioner and Respondent 5 both of whom were seeking election as a Director of the Hoshiarpur Central Co -operative Bank Limited, Hoshiarpur, hereinafter described as the Bank. Respondent 5 was a Director of the Bank earlier as well from 6th November, 1960 to 26th June, 1968, and again from 24th December, 1968, till 2nd December, 1969, when scrutiny of nomination papers for the present election which has led to the dispute took place. Elections to the Managing Committee of the Bank were held under the Punjab Co -operative Societies Act, 1961, referred to hereinafter as the Act, and the Petitioner and Respondent 5 filed their nomination papers. On an objection being taken by the Petitioner, Respondent 5 was held by the Returning Officer (Assistant Registrar, Cooperative Societies) to be ineligible to seek election on the ground that he had been a member of the Committee previously for six years and a period of three years since he last so served had not expired. The alleged disqualification was because of the Punjab Co -operative Societies (Amendment) Ordinance. 1969, Sub -section (2) of Section 26A of the Ordinance reads as under: (2) No person shall be eligible for being elected to the Committee of any co -operative society after he has served on the Committee of that Society, whether before or after or partly before and partly after the commencement of the Punjab Co -operative Societies (Amendment) Ordinance 1969, for a continuous period of 6 years, unless a period of not less than three years has expired since he last so served.
(2.) THE Returning Officer took the view that Respondent 5 had continued as a Director for six years and that since there was not a gap of three years after the said Respondent last so served, the latter was disqualified from seeking election again. Respondent 5 moved the Registrar for arbitration under Section 56(2) of the Act in order to have the dispute settled and the Joint Registrar, Co -operative Societies, Punjab, was appointed an arbitrator. The arbitrator set aside the order of the Returning Officer rejecting the nomination papers of Respondent 5 and also the elections which had by then taken place. Fresh elections were consequently directed to be held according to law.
(3.) THE Petitioner filed an appeal against the order of the arbitrator before the Registrar, Co -operative Societies, but the same was dismissed on 20th April, 1970. Elections were again fixed for 30th April, 1970, and election programme issued afresh. It was open to the Petitioner to have filed a revision petition before the State Government under Section 69 of the Act, but instead of pursuing that remedy he moved this Court for the exercise of its. extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India to get the orders of the arbitrator and the Registrar quashed. He prayed for stay of election, but the admitting Bench declined that request Had he chosen to prefer the revision petition, the State Government was competent, under Section 70, to pass an interlocutory order including an order of stay. In the meantime, elections were held and Respondent 5 was elected. The Petitioner then made an application (Civil Miscellaneous Application No. 4096 of 1970) for getting Respondent 5 restrained from acting as a Director of the Bank but this prayed was refused by Tuli J, on 25th August, 1970.;