Paramjeet Singh, J. - (1.) INSTANT review application has been filed under Articles 226/227 of the Constitution of India read with Order 47 Rule 1 and Section 151 C.P.C. for review of order dated 15.07.2014 (Annexure A/1) passed by this Court in CWP No. 13482 of 2014.
(2.) I have heard learned counsel for the petitioner. Earlier writ petition i.e. CWP No. 13482 of 2014 preferred by the petitioner was dismissed as withdrawn vide order dated 15.07.2014 with liberty to file election petition before the appropriate forum.
(3.) IT is settled principle of law that once the election process has started. The same cannot be challenged in view of Section 28(2) of the Haryana Cooperative Societies Act, 1984 (hereinafter referred to as the Act). Section 28 of the Act reads as under: - 28. Election and tenure of committees: - (1) The members of the committee of a co -operative society shall be elected in the manner prescribed and no person shall be so elected unless he is a member of the society. Provided that at least one member belonging to the Scheduled Caste and two women members shall also be represented through election in every committee of a cooperative society in the manner prescribed: Provided further that at least one member belonging to backward class shall also be represented through election in the committee, if their number is ten per centum or more of the total membership of the society, in the manner prescribed. 1.A The State Government may, by notification, constitute an election authority for the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections of a prescribed cooperative society. Provided that till the time such authority is constituted, the election of such society shall be got conducted by the Registrar or the existing committee of such society, as the case may be. (2) The election process once started shall not be postponed and disputes, if any, pertaining to the election, shall be entertained after the completion of the election process, in accordance with the provisions of this Act. Explanation: - The election process shall be deemed to have started from the date of the order of the election authority fixing the date of election. (3) The committee of each society shall, before the expiry of the term of its committee arrange for the election of a committee in accordance with its bye -laws failing which the Registrar shall arrange to hold such elections within a period of ninety days after the expiry of the term of the committee at the cost of the society and the elected members of the outgoing committee shall be debarred from contesting the elections of the committee of any cooperative society for a period of five years from the date of the expiry of the term of the outgoing committee: Provided that no such order shall be passed by the Registrar unless an opportunity of being heard has been given. (4) The committee shall, unless superseded earlier by the Registrar, hold office for a period of five years from the date of election and the term of office bearers shall be coterminous with the term of the Committee: Provided that irrespective of anything contained in the bye -laws, the committee may fill a casual vacancy in the committee by election, if the term of office of the committee is more than half of its original term, or by co -option, if the term of office of the committee is less than half of its original term, as the case may be, out of the same class of members in respect of which the casual vacancy has arisen. (5) Notwithstanding anything contained in the byelaws of a co -operative sugar mills, the members who are employees in the mills, shall constitute one separate zone for the purpose of election to the members of the committee thereof. In case no such member has been elected, the members of the committee shall co -opt one such member. If no such member is elected or co -opted as a member of the committee, the Registrar may nominate one such member as a member of the committee. (6) No individual shall, at any time, be a member of a committee of more than two primary societies, one central society and one apex society: Provided that nothing in this sub -section shall apply to a member nominated under sub -section (1) of section 29 or to a member of the committee of an apex or central society nominated to serve on the committee of another apex or central society, as the case may be, in accordance with the provisions of their bye -laws.";