HARDEV SINGH TIUR Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2012-8-151
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 23,2012

Hardev Singh Tiur Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) Respondent No.4 contested the election of Board of Directors of Milk Union from Zone No.8 as a representative of their respective Societies of the said Zone held in May, 2010. The petitioner challenged this election on the ground that respondent No.4 was ineligible to contest the election as a Director of Milk Union.
(2.) Respondent No.4 in his defence pleaded that disqualification of a member society alone was required to be seen and not that of his or its representative. The election petition filed by the petitioner was accordingly dismissed on 31.8.2010 holding that ground of disqualification of the society represented by respondent No.4 was to be seen and not the disqualification of respondent No.4. While taking this view, the reliance is placed by the authorities on a Division Bench judgment of this Court in the case of Parminder Singh Vs. State of Punjab and others, 2007 AIR(P&H) 150 This was also an election pertaining to a Board of Directors of Milk Union.
(3.) The petitioner then challenged this award by filing a civil writ petition before this Court in the year 2010. The petitioner, however, was relegated to his alternative remedy of filing appeal against the said order. The appeal filed by the petitioner was allowed by the Additional Registrar on 8.3.2011, but the said appellate order is again set aside by respondent No.1 on a revision filed by respondent No.4, the elected Director. The case was remanded for fresh decision before the Appellate Authority. Thereafter, the Appellate Authority has dismissed the appeal on 25.4.2012. The revision filed by the petitioner is also dismissed on 24.5.2012 and the petitioner has impugned these orders before this court through the present writ petition.;


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