- (1.) The three petitioners claiming to be members of respondent no.4-The Sidhwan Bet Multipurpose Cooperative Agriculture Service Society Ltd. Sidhwan Bet, Tehsil Jagraon, District Ludhiana, have filed this writ petition under Articles 226 and 227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned resolution/election programme dated 24.09.2014 (Annexure P-1) approved by respondent no.5-Assistant Registrar, Cooperative Societies, Jagraon being illegal, arbitrary, mala fide and against the provisions of the Punjab Cooperative Societies Act, 1961 (in short 'the 1961 Act'), Punjab Cooperative Societies Rules, 1963 (in short 'the 1963 Rules'), bye-laws of the Society as well as against the guidelines for election issued by respondent no.2-Registrar Cooperative Societies, Punjab and for quashing the electoral rolls (Annexures P-9 to P-11) as eligible voters have been denied the right to vote and some ineligible members have been shown to be eligible voters in the electoral roll.
(2.) Brief facts of the case are to the effect that respondent no.4 known as the Sidhwan Bet Multipurpose Cooperative Agriculture Service Society Ltd. Sidhwan Bet, Tehsil Jagraon, District Ludhiana (hereinafter to be referred as 'Society') is a cooperative society registered under the provisions of 'the 1961 Act'. The area of operation of the Society consists of four villages namely (i) Sidhwan Bet (ii) Sadarpura (iii) Salempura and (iv) Safipura. There are 704 members of village Sidhwan Bet, 297 of Sadarpura, 339 of Salempura and 105 of Safipura.
(3.) The Society is a primary society and its membership consists exclusively of individual members. As per Chapter IV of the '1961 Act', management of the Society vests in its elected managing committee. Earlier the election of Managing Committee was held on 28.10.2009 and as such tenure of five years of the Committee expired on 27.10.2014. As a result of it, election of new Managing Committee is required to be held. As per Section 26 (1) (c ) of 'the 1961 Act', each managing committee before expiry of 90 days of its term, shall make arrangement for the constitution of a new managing committee as per the provisions of 'the 1961 Act', 'the 1963 Rules' and bye-laws made thereunder. Appendix-C, Part-II of 'the 1963 Rules' provides for the election in the primary cooperative societies if held in a special general body meeting and guidelines have also been issued by respondent no.2-Registrar Cooperative Societies, Punjab, in this regard. Rules 34 to 40 of 'the 1963 Rules' are relevant for election to the committee of the primary cooperative societies which include preparation and finalization of election programme, calling of general meeting etc. As per Bye-law 32 of the Registered Bye-laws of the Cooperative Society, managing committee of the society shall be constituted where membership of the society is not less than 50.;