Jagmohan Lal Tandon, J. - (1.) Fateh Singh Petitioner is a resident of village Jamni, Tehsil Safidon, District Jind. He was a member of Co -operative Agricultural Service Society, Ltd., Jamni and on the amalgamation of four Cooperative Society of Rajana Kburd, Rajana Kalan, Jamni and Beri Khera, he became a member of Jamni Co -operative and Credit Service Society Limited, Jamni (hereinafter the Society). The Registrar, Co -operative Societies appointed an Administrator of the Society. The Petitioner filed his nomination papers on March 4, 1979, for contesting the election for the membership of the Managing Committee of the Society. The Assistant Registrar, Co -operative Societies acting as a Returning Officer for the election rejected his nomination papers vide order dated March 6, 1979 (Annexure P. 1) on the ground that he had been inactive during 12 months preceding the dale of filing of the nomination papers, as was evident from the record of the Society as also from his statement attached with the nomination papers. The Petitioner has challenged this order (Annexure P. 1) of the Returning Officer on the grounds of being unjustified, mala fide and Rule 25(f) of the Co -operative Societies Rules (hereinafter the Rules) providing for the rejection of the nomination papers on the ground of inactiveness being ultra vires the (Constitution)
(2.) The Assistant Registrar, Co -operative Societies in his written statement filed on behalf of the official Respondents Nos. 1 and 2 has averred that the nomination papers of the Petitioner were rightly rejected on account of his being inactive because he hid neither borrowed loan from the Society nor paid any deposit therein during the period of 12 months preceding the date of the filing of the nomination papers as was evident from the record of the Society as also from his statement attached with the nomination papers.
(3.) The learned Counsel appearing on behalf of the official Respondents has raised two preliminary objections. The first preliminary objection is that as there is no violation of the provisions of any Act or the Rules resulting in any injury of substantial nature to the Petitioner, the writ is not maintainable. In my opinion, there is no force in this. The Petitioner has challenged the vires of Rule 25(f) of Rules framed under Sec. 85 of the Punjab Co -operative Societies Act (hereinafter the Act) under which the nomination papers of the Petitioner have been rejected. Rule 25(f) is a statutory rule and has the force of law. It is undisputed that in the event of Rule 25(f) being struck down as unconstitutional, the impugned order (P. 1) of the Returning Officer shall have to be quashed. In this situation, the Petitioner can maintain the writ. The second preliminary objection raised is that as the Petitioner has not availed of the alternative remedy available to him under Ss. 55/56 of the Act, the writ is not maintainable. The objection also has no force because the Petitioner could not seek relief under Ss. 55/56 of the Act by getting Rule 25(f) of the Rules declared unconstitutional.;