- (1.) Challenge in the present appeal under Clause X of the Letters Patent is to an order passed by the learned Single Judge on 23.8.2012 whereby the writ petition filed by the appellant was dismissed challenging the order dated 31.8.2010 (Annexure P-3), order dated 25.4.2012 (Annexure P-4) and order dated 24.5.2012 (Annexure P-5).
(2.) The said orders arises out of an Election Petition filed by the appellant challenging the election to the Ropar District Co-operative Milk Producers Union Limited Milk Plant, Mohali (for short "Milk Union"). The said Milk Union is a Central Level Co-operative Society registered under the Punjab Co-operative Societies Act, 1961. The members of the Board of Directors of the Milk Union are elected by the Primary Co-operative Milk Producer Societies (for short "Society"). Such member Society of the Milk Union nominates a representative, who votes to represent such Society for the purposes of elections to the Board of Directors.
(3.) The appellant claimed that respondent No.4 could not seek election to the Board of Directors as he was disqualified to be a member of the Society as he had a contract with the Milk Union which fact disqualifies him to seek election in terms of bye laws 37(b) (vi) & (vii) framed by the Milk Union. The violation of such bye law is a ground for disqualification in terms of Rule 25 (h) of the Punjab Co-operative Societies Rules, 1963. It is contended that since respondent No.4 did not possess the qualification for election to the Board of Directors in terms of the bye laws of the Union, therefore, the orders passed by the Authorities under the Act are not sustainable. Reliance is placed on the judgment of learned Single Bench rendered in the case of Mohinderpal Singh Samundri v. The Registrar, Co-operative Societies, Punjab, Sector-17, Chandigarh and others, 1994 AIR(P&H) 93.;