S.R. Singh, J. - (1.) Dispute in the instant petition is circumscribed to the validity of election from Lucknow Revenue Division Constituency, to the Committee of Management of the U.P. Co-operative Processing and Cold Storages Federation, Ltd., Lucknow (for short 'PACSFED')-an Apex Co-operative Society registered as such under the provisions of the U.P. Co-operative Societies Act, 1965. The petitioner and two others namely, Sri Radhey Shyam Gupta, Opposite Party No. 3 and one Sri M.M. Gupta were the contesting candidates from the said constituency. One of them had to romp home. Admittedly, 31 delegates elected from different Primary Co-operative Societies falling within the territorial jurisdiction of Lucknow Revenue Division Constituency constituted an electoral collegiate for the purposes of electing one Director from amongst themselves to the Committee of Management of the said Apex Society. The petitioner having secured 16 votes as against 15 votes polled in favour of the Opposite Party No. 6 namely, Sri Radhey Shyam Gupta, was declared elected as Director from Lucknow Revenue Division Constituency by the Election officer on 30-12-94.
(2.) The vanquished candidate Sri R. S. Gupta, preferred an election petition which was referred for adjudication to an Arbitrator under the provisions of the U.P. Co-operative Societies Act read with Rules framed thereunder. The Additional Registrar (Krishi Nivesh), Co-operative Societies. U.P. acting as the Arbitrator, allowed the etection petition, set aside the election of the petitioner and declared the 6th respondent as duly elected member to the Committee of Management of 'PACSFED', vide order dated 19-4-1996. It was held by the Arbitrator, on the basis of inspection of Ballot papers made by him on 17-4-1996 that ballot paper Nos. 003167 and 003172 bearing more than one cross-mark against the name of the petitioner were invalid and liable to be rejected and it was on this finding that the Arbitrator found that the petitioner had secured only 14 valid votes as against 15 valid votes polled in favour of Sri R. S. Gupta arrayed herein as party respondent No. 6. Aggrieved by the order dated 19-4-1996, the petitioner preferred an appeal before the U.P. Co-operative Tribunal Lucknow. The appeal having ended up in dismissal vide judgment and order dated 10-6-1996, the petitioner has come up by means of the instant petition for the relief of quashing the impugned orders.
(3.) The learned counsel for the petitioner canvassed that the arguments before the Arbitrator stood closed on 10-4-1996 and the Arbitrator reserved the judgment in the case but lateron, he retreated to summoning and inspecting ballot papers on 17-4-1996 in a secretive and clandestine manner behind the back of the petitioner and illegally rejected two valid votes polled in favour of the petitioner. The learned Counsel submitted that the inspection of ballot papers was illegally taken up behind the back of the petitioner and without any valid foundation being laid for the purpose. The learned counsel appearing for the respondents tried to whittle down the submissions by urging that the Arbitrator by his order dated 1-8 1995 had directed the 'PACSFED' arrayed as party-defendant No. 2 before the Arbitrator, to produce election-related papers on the date of argument so that if necessary, the same may be traversed upon.;