R.N. Mittal, J. - (1.) BRIEFLY , the facts are that there is Haryana State Federation of Consumers Co -operative Wholesale Stores Ltd., Chandigarh (hereinafter referred to as the Confed) having various Central Cooperative Consumers Stores Ltd. under it in the State of Haryana and the Narnaul Central Co -operative Consumers Store Ltd., Narnaul (hereinafter called the NarnauJ Central Store), is one of them. The Petitioner is a member and Vice -Chairman of the Narnaul Central Store. The Central Stores are entitled to send one representative each to elect members of the Managing Committee of the Confed. In order to elect a representative, a meeting of the Narnaul Central Store took place on December 21, 1979, wherein the Petitioner was elected as such. The members so elected are entitled to stand for membership of the Managing Committee.
(2.) THE Registrar, Co -operative Societies, Haryana, prepared an election programme for the election of the Managing Committee of the Confed and fixed July 15, 1980, for the election. Mr. H.L. Sondh, additional Registrar, Co -operative Societies, Haryana, Respondent No. 1, was appointed as the Returning Officer. The election programme was sent to all the Central Stores on 23rd May, 1980. The Narnaul Central Store, in response to the above letter, sent resolution, dated December 21, 1979, by which the Petitioner was appointed its representative along with a forwarding letter, dated May 26, 1980, to the Managing Director, Confed, Chandigarh. It is further averred that the voters' list was prepared by Respondent No. 1, but the name of the Petitioner was excluded from that list. On June 16, 1980, the Petitioner as well as Ram Pal Singh, Respondent No. 2, filed their nomination papers from Zone No. 10, in accordance with Rule 6 of the Rules of Election to the Committees of Co -operative Societies, (hereinafter referred to as the Election Rules). Respondent No. 1 rejected the nomination papers of the Petitioner and accepted those of Respondent No. 2. The Petitioner has challenged the aforesaid orders through this writ petition. The Respondents have contested the writ petition and inter alia pleaded that the Narnaul Central Store resolved to depute the Petitioner to participate in the election to be held on December 28. 1979, while no election was to be held on that date. The resolution dated December 21, 1979, sent to the Managing Director of the Confed, had no relevance to the election and, as such, his name was not included in the voters' list. They have also raised two preliminary objections, firstly, that the Narnaul Central Store and not the Petitioners entitled to file a writ petition, and secondly, that an alternate remedy is available to the Petitioner and, therefore, no writ petition is maintainable.
(3.) THE writ petition was listed before me while sitting singly. There was a conflict of decisions on the preliminary objections. Therefore, I referred the matter to a larger Bench. That is how the case has been listed before us.;