- (1.) As identical questions of law and facts are involved, therefore, I propose to dispose of above indicated writ petitions, by means of this common judgment, in order to avoid the repetition. However, the factual matrix, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant writ petitions, has been extracted from (1) CWP No. 1116 of 2011 titled as "Dwarka Nath and Anr. v. Returning Officer and others" in this context.
(2.) The contour of the facts, culminating in the commencement, relevant for disposal of the present writ petitions and emanating from the record, is that Saraswati Kunj House Building Cooperative Society Limited (Respondent No. 4) (for brevity "the society") is registered and governed by the provisions of The Haryana Co-operative Societies Act, 1984 (hereinafter to be referred as "the Act"). The Petitioners are stated to be its members. The society framed the bye-laws (Annexure P2), to transact its business. The Assistant Registrar, Cooperative Societies-cum-Returning Officer (Respondent No. 1) (for short "Returning Officer") notified the election programme (Annexure P4) for the elections of the members of the Managing Committee of the society.
(3.) The Petitioners claimed that as per proviso/note of the election programme, which is in consonance with Section 20(d) of the Act and the Rules made thereunder, no member of a Cooperative Society, shall exercise the right of a member unless he has made all payments due from him to the society. The Returning Officer has exhibited the tentative voters' list (Annexure P14), including the names of defaulters on 22.12.2010, in spite of the fact that several members/voters have not paid their dues to the society. According to the Petitioners that 425 members have paid only upto 10%; 155 members paid 11-24%; 1727 members paid 25-49%; 333 members paid 50-74%; 383 members paid 75-99% of their dues and only 2678 members paid 100% of their dues. The case of the Petitioners further proceeds that it is clear from the information (Annexure P5); audit report (Annexure P6); memo/enquiry report (Annexure P7); order (Annexure P8); notice (Annexure P15); form (Annexure P16); audit report (Annexure P17); letter (Annexure P18) and proceeding book (Annexure P19) that several members, whose names have been included in the voters' list (Annexure P14), are the defaulters. The objections (Annexure P10) filed by the Petitioners to the voters list, were stated to have been wrongly dismissed by the Returning Officer, by virtue of impugned order dated 7.1.2011 (Annexure P13).;