MANN SINGH Vs. DHARAMJIT SINGH

JUDGEMENT

(1.) AFTER hearing counsel for the parties, I pronounced the orders on January 20, 1993 allowing the writ petition but reasons for the same were to be recorded later. I now proceed to record those reasons.

(2.) THE question that arises for decision in this petition under Article 226 of the Constitution is whether in the absence of any other circumstances, an offence of murder committed due to enmity could be said to involve moral turpitude.

(3.) MANN Singh petitioner who was a member of the Bhutta Agricultural Cooperative Service Society Ltd. , Bhutta, District Ludhiana (for short, "the Primary Society") had become its President. This Society as such was a member of the Ludhiana Central Cooperative Bank Limited, Ludhiana which is a Central Society registered under the Punjab Co-operative Societies Act, 1961 hereinafter called 'the Act'. According to Section 15 A of the Act, no individual can be admitted as member of a Central Apex Society unless such a Society has been exempted by the Registrar in this behalf by a general or special order which is not the case here. Elections to the Board of Directors of the Ludhiana Central Cooperative Bank were held on December 21, 1990 and as par provisions of the Act and the Rules and Bye-laws framed thereunder, an election programme was notified. Petitioner as a representative of the Primary Society contested the election on its behalf and accordingly filed his nomination papers from Zone No. 3. Dharamjit Singh respondent No. 1 as a representative of one Khara Cooperative Agricultural Service Society Limited, Khara, District, Ludhiana also filed his nomination papers. Petitioner won the election from Zone No. 3 securing 24 votes as against 10 secured by Dharamjit Singh respondent. The petitioner was, thus, declared elected.