- (1.) The controversy involved in this writ petition centres around the validity of the executive instructions contained in Memo dated 19.9.2010 (P-2) issued by the Joint Registrar, Cooperative Societies, Union Territory, Chandigarh exercising the powers of the Registrar Cooperative Societies, UT, Chandigarh. The memorandum directs all Presidents and Secretaries of Cooperative House Building Societies registered in the Union Territory, Chandigarh to add a clause in the nomination paper for election to the Managing Committees of Non Allottee Cooperative House Building Societies that only such candidates would be permitted to contest elections as who do not own any house/flat/dwelling unit in his/her name or in the name of his/her/their spouse/dependent in the Tricities of Panchkula/Mohali and Chandigarh and who have not sold their interest in such dwelling units. These executive instructions (Annexure P-2) are said to be bad by the learned counsel for the petitioner inasmuch as it introduces a disqualification for candidates proposing to contest elections not envisioned by Rule 25 of the Punjab Cooperative Societies Rules, 1963 applicable to the UT, Chandigarh framed under the Punjab Cooperative Societies Act, 1961 as applicable to UT, Chandigarh. Rule 25 is an exhaustive list of disqualifications for membership of Managing Committees and deserves to be read in extenso to understand the matter as one proceeds further:- "25. Disqualification for membership of committee- No person shall be eligible for election as a member of the committee if- (a) he is in default of any Co-operative Society in respect of any sum due from him to the Society or owes to any cooperative Society an amount exceeding his maximum credit limit; (b) he has, directly or indirectly, any interest in any contract to which the Co-operative Society is a party except in transactions made with the Co-operative Society as a member in accordance with the objects of the Society as stated in the bye-laws; (c) he has at any time during a period of one year prior to the date of scrutiny of nomination papers, engaged in any private business, trade or profession of any description which is carried on by the society; (d) he has committed any offence involving dishonesty or moral turpitude during a period of five years prior to the date of scrutiny of nomination papers; (e) he is subject to any of the restrictions contained in rule 29; (f) he has, during a period of 12 months preceding the date of filing of nomination papers, remained inactive as member or has been carrying on, through agencies other than the Co-operative Society of which he is a member, the same business as is being carried on, by the Cooperative Society; (g) he is a member of an elected committee any Cooperative Society which has ceased to function or which has not fulfilled its objects as stated in its bye-laws and has been included in the list of D class societies maintained by the Registrar or is a membre of an elected committee of a Co-operative Society which is under winding up process; (gg) he has ceased to be a member of an elected committee of any Co-operative Society within a period of one year preceding the date of inclusion of such Co-operative Society in the list of D class Societies maintained by the Registrar or the operation of order of winding up to such Society under section 57 of the Act. (h) he incurs any other disqualification laid down in the bye-laws of the society."
(2.) A plain reading of Rule 25 would leave no manner of doubt that it does not admit as a disqualification what the executive instructions (P-2) declare. Rule 25-H expands the list of disqualifications to such other disqualifications as are laid down in the bye-laws of the society.
(3.) Mr. Gobinder Singh Sandhu, Learned counsel has produced before me the bye-laws of the petitioner-society and would refer to Bye-law 31 which also does not give any authority to the RCS, UT to add on a disqualification for membership of the Managing Committee as has been done in the impugned executive instructions (P-2). Bye-Law 31 reads as under:- "31. No person shall be eligible for election as a member of the Managing Committee of the Society if he:- (a) is below 21 years of age ; or (b) is a paid employee of the Society or the financing Bank or (c) is convicted of any offence involving dishonesty or moral turpitude and a period of 5 years has not elapsed since his conviction or (d) has applied for insolvency or is declared insolvent : or (e) is of unsound mind ; (f) is in default in the payment of the sum due to this or any other Co-operative Society for a period exceeding three months from the date on which the payment fell due ; or (g) holds any office of profit under the Society or recovered any honorarium ; or (h) is interested directly in any contract with the Society in any sale or purchase made by the Society privately or in auction.";