- (1.) Briefly, the facts of the present case, as given in the writ petition, are that the petitioners are the member of the Saiyakheri Agricultural Co-operative Society Limited, Saiyakhera (hereinafter referred to as the Saiyakheri Society) and the Shamaspur Gamra Agricultural Co-operative Society Limited, Shamaspur Gamra (hereinafter referred to as the Shamaspur Gamra Society). The Gannaur Co-operative Marketing Society Limited, Gannaur (hereinafter referred to as the Marketing Society) has control and jurisdiction over the area in which the aforesaid two societies are situated. The present term of some of the members of the committee of the Marketing Society expired on March 24, 1975 and the term of the others had to expire at a later date. The officers of the Co-operative Department and the Marketing Society with a view to constitute the new committee of the Marketing Society, decided to hold election on March 25, 1975. The elections were to be held in accordance with the rules contained in Appendix 'C' framed under Rule 23 of the Punjab Co-operative Societies Rules, 1963 (hereinafter referred to as the Rules). Rule 4 relates to constitution of zones and preparation of zonal lists of voters and rule 5 to election programme. According to rule 4, the zones are to be constituted and the lists of voters prepared zone-wise. Procedure has also been prescribed therein for constituting the zones and framing zonal lists of voters. While constituting the zones and framing zonal lists of voters the procedure prescribed by the rules was not followed and, consequently, no election can be held on the basis of such lists. The petitioners have challenged the zonal lists of Zone No. 3. The petitioners have also challenged the election programme framed by the Returning Officer on various grounds, but that is not relevant for the decision of the present writ petition as the other points have not been pressed before me. The writ petition has been contested by the respondents.
(2.) The question for determination is as to whether the zonal lists were prepared in accordance with the rules in Appendix 'C' or not. In order to determine this question it is necessary to make reference to rules 4 and 5. The former relates to constitution of zones and the preparation of the zonal lists of voters and the later to election programme. The relevant portions of rules 4 and 5 are as follows :- "4. Constitution of zones and preparation of the zonal lists of voters. - (1) On receipt of the communication in respect of the date fixed for conducting the election, the Manager shall divide the area of operation of the co-operative society into such number of zones as the members of the committee are to be elected in accordance with the strength laid down in the bye-laws of the Co-operative Society and prepare the lists of voters zone-wise. If required by the bye-laws of the Co-operative Society, and prepare the lists of voters zonewise. If required by the bye-laws of the Co-operative Society, the zones shall be constituted for each category of voters separately for providing the representation on the committee accordingly. The lists of voters prepared zone-wise shall include all the shareholders admitted to the Co-operative Society upto the date of receipt of the communication referred to in sub-rule (4) of rule 3, and duly qualified to vote in the election. (2) The Manager shall, within a period of ten days of the receipt of communication in respect of the date fixed for conducting the election, submit the proposal referred to in sub-rule (1) to the Returning Officer for his approval. (3) The notice indicating the zones constituted and the zonal lists of voters so approved shall be exhibited by the Manager for a period of not less than six days at :- (a) the registered office and the branch office, if any, of the Co-operative Society; (b) the offices of the Assistant Registrar and the Deputy Registrar of the Co-operative Societies located in the area of operation of the Co-operative Society; and (c) such other common places in the area of operation of the Co-operative Society as the Returning Officer may direct in writing. (4) Any voter or the shareholder of the Co-operative Society may, within a period of six days from the date of exhibition of notice, submit his objections to the lists of zones and voters to the Returning Officer. (5) The notices exhibited under sub-rule (3) shall also indicate the date, time and place for hearing objections by Returning Officer. The Returning Officer shall hear and summarily decide the objections. The acceptance or rejection thereof shall be recorded with reasons. He shall there and then finally approve the list of zones and the zonal lists of voters. The zonal lists of voters so finalised shall be priced publications. (6) & (7) xxx xxx xxx 5. Election Programme. - (1) the Returning Officer shall frame an election programme for each zone and intimate the same to the Manager, specifying the date, time and place for the : (a) exhibition of the list of zones and the zonal lists of voters, as required under sub-rule (3) of rule 4; (b) hearing of the objections to zones constituted and the zonal lists of voters, as required under sub-rule (5) of rule 4; According to sub-rule (1) of rule 4, the Manager is required to divide the area of operation of the Co-operative Society into such number of zones as the members of the committee are to be elected in accordance with the strength laid down in the bye-laws of the Co-operative Society and to prepare the lists of voters zone-wise. Sub-rule (2) of rule 4 says that he shall, within ten days of the receipt of the communication in respect of the date fixed for conducting the election, submit the proposal referred to in sub-rule (1) to the Returning Officer for his approval. After the approval is given by the Returning Officer, it is the duty of the Manager to exhibit the lists of zones and zonal lists of voters as required by sub-rule (3) at the places mentioned therein. The voters and shareholders of the Co-operative Society can file objections against the lists of zones and voters to the Returning Officer. The Returning Officer, after the receipt of the objections has to hear the parties and decide their objections. A reading of the aforesaid rules clearly indicates that the zones and zonal lists of voters should be exhibited as required by the Rules. In case they are not properly exhibited, it is not possible for the parties concerned to know about the zones and voters to raise objections. In order to have proper elections, it is necessary that the electoral rolls should be properly framed. In case they are not so framed, no proper election can be held.
(3.) In the present case the Returning Officer was appointed on October 22, 1974. A communication was received by the Manager on October 28, 1974 that the election would be held on March 25, 1975. Under sub-rule (2) of rule 4 it was incumbent on the Manager to the Marketing Society to submit the proposal regarding constitution of the zones and preparation of zonal lists of voters to the Returning Officer for his approval within ten days of the receipt of the communication in respect of the date fixed for conducting the election. He, therefore, submitted these on December 14, 1974. The Returning Officer, vide his letter dated December 14, 1974, sent the approved lists of zones and zonal lists of voters for exhibition on the same date. It is in the affidavit of the Returning Officer that Mr. Fateh Singh, Manager of the Marketing Society (Respondent No. 3) exhibited those lists on the same date, i.e. December 14, 1974. It has, however, not been mentioned by the Returning Officer as to at what places the lists relating to zones and voters were exhibited. Mr. Fateh Singh, Manager, in his return has mentioned that the approved lists of zones, zonal lists of voters and election programme were exhibited by him at the registered office of the Marketing Society at Gannaur and at other places as provided under rule 4 of the Election Rules well in time. He did not mention the date when and the places where the same had been got been exhibited by him. It is an admitted fact that the Returning Officer had to decide the objections on December 21, 1974. A reading of rule 4(4) shows that objections could be filed within six days from the date of exhibition of lists of zones as well as of voters. Sub-rule (3) of rule 4 says that the notices indicating the zones constituted and the zonal lists of voters so approved shall be exhibited by the Manager for a period of not less than six days. A reading of the aforesaid two sub-rules indicates that the notice should have been exhibited on or before December 14, 1974. No document was annexed with the return by respondent No. 4 showing the places where and the dates when the lists were exhibited. A reference has been made to Annexure R-1, a letter dated nil by the Assistant Registrar to the Manager, Marketing Society (Respondent No. 3) annexed with the return of Mr. K.R. Punia, Registrar, Co-operative Societies, Haryana., In the letter it is stated that he had sent two copies of the approved lists with a direction that the same be exhibited according to rule 4(3) and also in the office of the Block Development and Panchayat Officer, Gannaur and Central Co-operative Bank Branch at Gannaur. These are two endorsements at the bottom of the letter by Respondent No. 3 dated December 14, 1974 and December 21, 1974, which are as follows :- "Received copy along with two zonal lists societies and individual. Sd/- Manager, 14.12.1974." "Zonal list has been exhibited from 15.12.1974 to 20.12.74 according to election rule 4(3). Sd/- Manager, 21.12.74." Endorsement dated December 14, 1974 discloses that the letter was received by the Manager on December 14, 1974. According to endorsement dated December 21, 1974, the zonal lists had been exhibited from December 15, 1974 to December 21, 1974 according to election rule 4(3). The Manager again did not state on what date the lists were exhibited and at what places. I enquired from the respondents to show from the record the reports of the persons who exhibited the aforesaid lists. They could not show any such report. The office of the Assistant Registrar is situated at Sonepat. The lists were also to be exhibited there according to sub-rule (3) of rule 4 of the Election Rules. In these circumstances it can safely be assumed that the lists were not exhibited on December 14, 1974, which was the last day for doing so. In case these were exhibited on December 15, 1974, it cannot be said to be the compliance of the rule, as the persons concerned must get six clear days to file objections. It was enjoined upon the Manager to exhibit the lists at least six days prior to the date fixed for hearing objections. In case the aforesaid rule has not been complied with, the lists of voters and the zones cannot be said to be proper. The election is an expensive remedy and in the interests of all the parties it is necessary that before holding the election the electoral rolls should be properly prepared so that the election may not be challenged, on that ground. In view of the aforesaid facts, the zones constituted and the zonal lists of voters prepared are liable to be quashed. The learned counsel for the respondents, however, states that the elections in other zones have been held and all the persons concerned in those zones have not been made parties to the present writ petition. The learned counsel for the petitioners admits that fact. He in the aforesaid circumstances states that he does not press that the lists of zones be quashed. He further says that only the zonal lists of voters prepared for zone No. 3 may be quashed. After taking into consideration the aforesaid facts, I am of the view that zonal lists of voters relating to zone No. 3 is liable to be quashed.;