NAVRAJ SINGH AND ANOTHER Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2011-11-331
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 14,2011

Navraj Singh And Another Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

Mehinder Singh Sullar, J. - (1.) The epitome of the facts, culminating in the commencement, relevant for disposal of the instant writ petition and emanating from the record is that, having approved the Zones by the Deputy Registrar, Co-operative Societies, the Election Manager of the Kapurthala Primary Co-operative Agricultural Development Bank Limited, Kapurthala, prepared and issued a detailed election programme(Annexure P-1) on 04.06.2011, in view of the provisions of The Punjab Co-operative Societies Act, 1961 and the Rules framed thereunder(hereinafter to be referred as "the Act and the Relevant Rules"), by means of which, the election was proposed to be held by secret ballot. The Presiding Officer was required to declare the result on 27.06.2011, as per law, but the District Magistrate, Kapurthala(respondent No.5) abruptly cancelled the election of the Board of Directors, by way of impugned letter dated 20.06.2011(Annexure P-2) on the ground of law and order situation.
(2.) Aggrieved by the action of respondent No.5, the petitioners have preferred the present writ petition, challenging the impugned letter(Annexure P-2), invoking the provisions of Articles 226/227 of the Constitution of India.
(3.) The case set-up by the petitioners, in brief, insofar as relevant, was that Smt.Upinderjit Kaur(respondent No.7) is the M.L.A of Ruling Party from Sultanpur Lodhi and is currently the Finance Minister, Punjab. Since, she knew that the members, who belong to the Ruling Akali Party were not likely to be elected as Board of Directors, so, she orally directed respondent No.5 to get the election postponed under any circumstances. According to the petitioners that, in this manner, respondent No.5 has illegally cancelled the election process on untenable grounds of law and order problem, without any authority of law and in order to oblige the Finance Minister in this behalf.;


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