N.K.KAPOOR, J. - (1.) The petitioner has sought issuance of a writ of certiorari for quashing the order of the Additional Registrar, Co-operative Societies, dated 1-9-1993 by which the election of the petitioner was set aside.
(2.) The Election of the Board of Directors of the Nawanshehar Co-operative Bank Ltd., Nawanshehar was held on 31/07/1991 in which petitioner and Kartar Singh, respondent No. 4, were the candidates. The petitioner polled 8 votes whereas respondent No. 4 polled 7 votes and thus the petitioner was declared to be elected. Respondent No: 4 challenged the election of the petitioner on two grounds; firstly, that Karimpur Agricultural Co-operative Service Society and Jalwaha Co-operative Agricultural Service Society were, in fact, defaulters and so could not cast vote; and, secondly, Pritam Singh's election as President of Shehbazpur Co-operative Agricultural Service Society was set aside by the Deputy Registrar, Co-operative Societies, vide order dated 29/07/1993, and in this way he too was not eligible to cast vote. This matter came up before the Additional Registrar (Administration), Co-operative Societies, Punjab. Pursuance to the notice issued by the Additional Registrar, petitioner put in appearance and filed written reply controverting to various averments made by respondent No. 4 seeking setting aside the election of the petitioner. The petitioner specifically denied the averment made by the respondent No. 4 as regards societies of Karimpur and Jalwaha being defaulters as well as assertion of respondent No. 4 that Pritam Singh could not cast vote. Additional Registrar, however, found merit in the contention raised by respondent No. 4 and thus set aside the election of the petitioner which is now being challenged.
(3.) Pursuance to the notice of motion issued by the Court, the respondents have put in appearance. Sh. Dilbag Singh, Agriculture Minister, Punjab, has filed written reply by way of affidavit controverting the various allegations levelled against him. Reply has also been filed by the Nawanshahar, which, in fact, supports the contention of the petitioner that Karimpur as well as Jalwaha societies were not defaulters on the date of election i.e. 31-7-1991. According to respondent No. 5, Sarv Sh. M. S. Chaura, Senior Accountant and Rajwant Singh, Junior Accountant, of the Bank produced the record of the Bank before the Additional Registrar (Admn.), Co-operative Societies, Punjab. It has further been explained how the abovementioned both the societies were not defaulters on the crucial date i.e. 31-7-1991. No reply has been filed by respondent No. 4 Kartar Singh.;