J.M.L.Sinha, J. - (1.) These are connected writ petitions involving a common question of law and can, therefore, conveniently be disposed of by one and the same judgment.
(2.) There is an All India Hand-loom Fabrics Marketing Co-operative Society Limited at Bombay (hereinafter called the Marketing Society) registered under Multi-Unit Co-operative Societies Act. Its field of operation covers the whole of the country. Bye-law 31 (3) of the Marketing Society provides for the election of a representative of 'B class shareholders of the Co-operative Societies of the State. There is a Co-operative Society known as Silk Industrial Cooperative Society, Ltd. Varanasi (hereinafter called the Co-operative Society). It had sent one representative to the Marketing Society. In view of the Bye-law of the Marketing Society, a communique was received by the Registrar of the Cooperative Societies U. P. for initiating action for the election of one representative of B-class share-holders from the State. The Registrar deputed Deputy Registrar (Hand-looms) to conduct the election and the Deputy Registrar (Hand-looms) accordingly, conducted the election and declared Rahmatullah Ansari as duly elected delegate to represent B-Class members of the State of the Marketing Society. This declaration was made on 21st February, 1979. Thereafter, on some representation made to the Registrar, he passed an order dated 26th May, 1979, setting aside the election of the petitioner held on 21st February, 1979, on the ground that the election had been held by the Deputy Registrar while it should have been held by the Registrar. Rahmatullah Ansari has filed Writ Petition No. 2533 of 1979 assailing that order. The other Writ Petition No. 2345 of 1979 has been filed by Abdul Karim, in his capacity as representative of M/s. Bunkar Co-operative Societies Limited Kanpur, assailing the election of Rahmatullah Ansari as a delegate to the Marketing Society. It has been alleged in Writ Petition No. 2345 of 1979 that despite the order dated 26th March, 1979 Rahmatullah Ansari was functioning as a delegate and hence a writ in the nature of mandamus may be issued to the Deputy Registrar Co-operative Societies, Registrar Co-operative Societies, Central Registrar of Co-operative Societies and the Marketing Society not to recognise Sri Rahmat Ullah Ansari as a delegate and further directing the Registrar, Co-operative Societies, U. P. Lucknow to conduct the election of the delegate afresh according to rules.
(3.) The ground of defence set up on behalf of the respondents in writ petition No. 2533 of 1979 is that the election of Rahmatullah Ansari as delegate was void, ab initio, the election having been conducted by the Deputy Registrar instead of Registrar and hence no relief can be granted in that writ petition. The defence set up in writ petition No. 2345 of 1979 on the contrary is that the Deputy Registrar was competent to conduct the election and Rahmat Ullah Ansari was validly declared as delegate.;