- (1.) The controversy in this writ petition is, whether the petitioner was eligible to seek election to the Board of Directors of the Punjab State Federation of Co-operative House Building Societies Limited, Chandigarh, (for short 'the Housefed').
(2.) Facts giving rise to this writ petition, by and far are not in dispute. Members of the Housefed, and Apex Society are other cooperative societies in the State of Punjab registered under the Punjab Co-operative Societies Act, 1961 (for short 'the Act'). There is thus, no member of the Housefed in his individual capacity. The petitioner is a member of the Mukerian Co-operative House Building Society Ltd., Mukerian (for short 'the Mukerian Society), He is also a member of the Avon Co-operative Poultry Industrial Society Ltd., Mukerian (for short 'the Avon Society). The Mukerian Society is a member-Society of the Housefed. This society falls in Zone-1 and it nominated the petitioner as its representative to take part in the election of the Managing Committee (Board of Directors) of the Housefed. The petitioner as a nominee of the member-Society could also contest the election to the Board of Directors. Neither the petitioner nor the Mukerian Society is a defaulter to the Housefed or any Co-operative Society in the State. However, the Avon Society of which the petitioner is also a member, happened to be defaulter of the Hoshiarpur Central Co-operative Bank Limited, Hoshiarpur (for short 'the Hoshiarpur Bank'). The Avon Society is not the member-Society of the Housefed. Amar Singly respondent No.4 was nominated to take part in the election of the Housefed by the Sukhna Co-operative House Building Society Limited, Mohali (for short 'the Sukhna Society'), a member-Society of the Housefed. Amar Singh respondent 4 also contested election to the Board of Directors of the Housefed from Zone-I. Before the Returning Officer, Amar Singh respondent 4 raised an objection to the eligibility of the petitioner to contest election on the ground that the Avon Society of which the petitionr is a member, was defaulter of the Hoshiarpur Bank and, therefore, was disqualified to seek election, in view of Rule 25 of the Punjab Co-operative Societies Rules, 1963 (for short 'the Rules) and bye-law 36 of the Bye-laws of the Housefed. The Returning Officer, however, rejected the objection. The petitioner having polled 13 out of 14 votes was consequently declared elected from Zone-I in the election held on 22/07/1992.
(3.) Amar Singh, respondent No. 4 challenged the election of the petitioner as Director of the Housefed from Zone-I by filing an election petition under S. 55/56 of the Act. Copy of the election petition is Annexure P-1 on the record. The challenge to the election was, inter alia, on the ground that Avon Society of which the petitioner was a member, was defaulter to the tune of Rs.58,310.00 to the Hoshiarpur Bank and, therefore, he was disqualified from contesting the election. This petition was entrusted to the Joint Registrar, Co-operative Societies (Planning), Punjab, Chandigarh, respondent No. 2, for disposal. During the pendency of the said election petition, Amar Singh respondent No. 4 made a statement that he did not want to produce any evidence and the election petition be decided only on the basis of documents filed before the Returning Officer. The Joint Registrar by his order dated 7/05/1993 allowed the election petition and set aside the election of the petitioner as a Director of the Housefed. It is this order of the Joint Registrar which has been challenged in this writ petition by the petitioner.;