- (1.) Sher Chand and four others through present petition filed by them under Articles 226/227 of the Constitution of India seek writ in the nature of mandamus directing the respondents to hold the postponed election of Thathranwala Co-operative Agricultural Service Society Ltd. after declaring fresh election programme and inviting afresh nomination papers and further to appoint another official in place of respondent No. 3.
(2.) The relief as indicated above is sought to be made out from the facts which need a necessary mention. It is pleaded that vide Resolution dated 23/05/1993, the general meeting of the society was called on 28/06/1993, wherein it was resolved to hold election of Committee comprising nine members of the society and election was fixed for 28/06/1993. The time for filing of nomination papers was up to 9.30 a.m. on the same very date. On the date of election, the Presiding Officer was suddenly transferred at the spot by Assistant Registrar, Co-operative Societies, Ferozepur, respondent No. 2 and in his place Shri Mohinder Singh, Inspector Grade II, Co-operative Societies, Ferozepur was deputed. Besides Mohinder Singh one Shri Lekh Raj, Inspector Grade II, Co-operative Societies, Ferozepur was also deputed as Presiding or Returning Officer. At the time fixed for filing the objections and at the time of scrutiny of nomination papers, an altercation took place between two opposite groups. The bone of contention being that Shri Mohinder Singh respondent No. 3 was accepting nomination papers from only one of the opposite groups and was rejecting the nomination papers of other opposite group. It is pleaded that the entire effort was to declare one group elected unopposed. Twenty four persons filed their nomination papers including the petitioners and inasmuch as only nine members were to be elected, it is pleaded that nomination papers of only nine members of one group were accepted whereas all other nomination papers were rejected. The persons who have been favoured in regard to their nomination papers while accepting the same are stated to be Mehanga Ram, Ram Lal, Satish Kumar, Jagdish Chand, Surain Chand, Hardev Singh, Yodha Ram, Harish Chander and Partap Singh. The other members of the society obviously resented the rejection of their nomination papers and alleged favouritism to one set of group by respondents Nos. 3 and 4. Since the dispute could not be resolved, the election did not take place. Mohinder Singh, Presiding Officer cancelled the election to be held on that day by writing the order in the proceedings on 28/06/1993. The said order is placed on the record of this case as Annexure P-2. The same reads as follows :- ated Proceeding of Committee, 77 28-6-1993 According to the letter No. 4070-7l R.K./F.P. dated 23-6-1993 of the Assistant Registrar, Cooperative Societies, Ferozepur, I came for holding election of the Managing Committee of the Thathewala C.A.S.S. Ltd. As per fixed and approved election programme, the general meeting held at 8.00 a.m. of the Sabha Members in which the following were present :- 1. Sat Nam 2. Satpal and so on up to 198. Nomination papers in the General Meeting received. During the scrutiny of the nomination papers, the situation being not in control, the further proceedings of election could not be taken. Therefore, the election proceedings are postponed. Sd/- in English Mohinder Singh R.O. 28-6-1993
(3.) Apprehending that Mohinder Singh who had postponed the election was proceeding to declare the election result on the basis of proceedings of 28/06/1993 itself, the present petition was filed asking for the relief as indicated in the earlier part of the judgment. With a view to secure that direction as mentioned above, it is pleaded that the nomination papers at that time were tampered with and some fresh nomination papers were accepted by Mohinder Singh officially from some other persons from the period 28/06/1993 till when the petition was filed on 15/07/1993. It is also pleaded that Mohiner Singh was earlier appointed as the Presiding or Returning Officer at the time of election of the Panchayat of village Mothanwala, Block Guru Har Sahai, Tehsil and District Ferozepur. In his capacity as the Returning Officer he had accepted the nomination papers of one family and rejected the nomination papers of other candidates and accordingly declared just one family comprising of husband, wife, son and brother-in-law as the elected unopposed members of the Gram Panchayat, Mothanwala. A Civil Writ Petn. No. 1541 of 1993, (reported in AIR 1993 Punj and Har 306) (Nachattar Singh v. State of Punjab) was filed in this Court which was allowed by a Division Bench of this Court with costs of Rs. 1,000.00 which was to be recovered from respondent No. 3 alone. On that count it is pleaded that he is inimical towards the petitioners as they were supporters of the petitioners in Civil Writ Petition No. 1541 of 1993. Petitioner No. 1 also filed representation before respondent No. 1 bringing to his notice that Mohinder Singh was moving ahead with the election proceedings ex parte. It is also pleaded that there are no provisions in the Act authorising the Presiding Officer to postpone the election and only provision is for cancellation for which election programme has to be announced. Vide orders dated 23/07/1993 passed by the Motion Bench while considering an application under Order 1, Rule 10 of the Code of Civil Procedure for impleading the applicants as respondents to the writ petition as being the necessary party, the Court ordered their being impleaded as respondents. They were the persons whose nomination papers, according to them, were accepted. This case was ultimately admitted on 4/10/1993.;