VINOD K.SHARMA, J. - (1.) THE petitioners by way of present petition have sought quashing of election programme, Annexure P.2 as well as undated notice, Annexure P.3 and subsequent election process which has taken place on the basis of illegal election programme and further seeking directions to the Board of Directors of Central Co-operative Bank, Gurdaspur to hold election in accordance with law.
(2.) THE facts leading to the filing of the present writ petition are that election programme by the Joint Registrar, Co-operative Societies, Jalandhar was approved on 21.2.2006 and 23.2.2006 was fixed as date for issuance of election programme to the member Societies of Gurdaspur Central Co-operative Bank Ltd. (hereinafter referred to as the Bank). The case of the petitioners is that this election programme is alleged to have been sent under the certificate of posting which, in fact, was not sent. It is further the case of the petitioners that it was impossible to write down 2000 addresses and then affix the stamps and post them. According to the petitioners, the process adopted was not in accordance with law as service under the certificate of posting cannot be said to be service in the eye of law. The election programme as circulated has been attached as Annexure P.2 with the present writ petition which is reproduced below for ready reference : "The Gurdaspur Central Cooperative Bank Ltd. (Gurdaspur) Election Programme The Election to the Board of Directors of the Gurdaspur Central Cooperative Bank Ltd. Gurdaspur will be held as per the election programme given below, which has been approved by the Joint Registrar, Cooperative Societies, Jalandhar Division, Jalandhar vide his letter No. C.asstt.(Society)7G/Election/JR.750 dated 21.2.06 :- S.No Details of the programme Date Time and place 1. Last date for sending the notice 23.3.2006 2. Last date for depositing the copies of the resolutions to the District Manager 11.3.06 4.00 p.m. in H.O. at Gurdaspur 3. Date of filling of nomination papers 13.3.2006 10.00 to 2.00 in H.O. of Bank 4. Date of filing objections to the nomination papers 13.3.2006 2.30 to 5.00 in H.O. of the Bank. 5. Date of hearing of objections so filed and scrutiny of nomination papers 14.3.2006 10.00 to 1.00 in H.O. of the Bank. 6. Date of issue of lost of nomination papers found in order 14.3.2006 1.00 to 2.00 in H.O. of the Bank. 7. Date of withdrawal of nomination papers 14.3.2006 2.00 to 3.00 in H.O. of the Bank. 8. Date of declaration of result of unopposed candidates 14.3.2006 3.00 to 4.00 in H.O. of the Bank. 9. Date of allotment of symbols, where nomination papers are more than one. 14.3.2006 4.00 to 4.30 in H.O. of the Bank. 10. Dates of issuing of list of contesting candidates 14.3.2006 4.30 to 5.00 in H.O. in the Bank. 11. Date of polling 20.3.2006 9.30 to 4.00. 12. Declaration of the result of election 20.3.2006 Counting of votes would be started immediately after polling and after counting the votes, declaration of result will be made by the Returning Officer. S.No. Zone N. Place (Where polling will be held) 1. Agricultural Service/Credit marketing Societies The Gurdaspur Central Cooperative Bank Ltd. Branch Office, Pathankot. 2. -do- The Gurdaspur Central Cooperative Bank Ltd. Branch Office, Dinanagar. 3. -do- The Gurdaspur District Wholesale Cooperative Supply and Marketing Society Ltd., Gurdaspur. 4. -do- The Gurdaspur Central Cooperative Bank Ltd. Branch Office, Dhariwal. 5. -do- The Gurdaspur Central Cooperative Bank Ltd. Branch Office, Kahnuwan. 6. -do- The Gurdaspur Central Cooperative Bank Ltd. Branch Office, Batala. 7. -do- The Gurdaspur Central Cooperative Bank Ltd. Branch Office, Batala. S.No. Details of the programme Date Time and place 8. Industrial Societies The Gurdaspur Central Cooperative Bank Ltd. H.O. Gurdaspur. 9. Other and L.C. Societies The Gurdaspur Cooperative Labour and Construction Union Ltd., Gurdaspur. Note : 1. Spare Copies of the list of voters of zones can be had from the Head Office, Gurdaspur on payment of Rs. 50/- per copy. 2. Nomination forms can be taken from the Head Office Gurdaspur and the branches given in the programme on payment of Re. 1/- per copy. 3. SAmple of the resolution to be passed by the societies is enclosed. Sd/- District Manager, C.B. Gurdaspur". In this election programme the date of poll was fixed as 20.3.2006 whereas the last date of depositing the copies of the resolutions to the District Manager was fixed as 11.3.2006. It is further the case of the petitioners that in the election programme it was no where provided that the resolution passed by the Society authorising one of its members to participate in the election was to be got attested by the Inspector Co-operative Societies and counter-signed by the Assistant Registrar, Co-operative concerned. It is further the case of the petitioner that undated notice was affixed on the Notice Board of the Bank by the District Manager on 11.3.2006 mentioning therein that resolution authorising member Societies should be got attested from the Inspector concerned and countersigned by the Assistant Registrar, Co-operative Societies concerned. Copy of the notice has been attached as Annexure P.3 with the writ petition. It is the case of the petitioner that a fraud has been played with the member Societies as specific resolutions which were required to be submitted to the Bank were got printed by the Bank from the District Co- operative Union Ltd. Gurdaspur, wherein a note was added at the end of the resolution that the same is required to be attested without mentioning therein that the same has to be got attested from Inspector, Co-operative Societies and countersigned by the Assistant Registrar, Co-operative Societies, concerned. The petitioners have annexed a specimen copy of the resolution as Annexure P.5 to the writ petition. It is further the case of the petitioners that the District Manager had got printed another set of specimen resolution which contained a note that the resolutions should be got attested from the Inspector, Co-operative Societies and counter-signed by the Assistant Registrar, Co-operative Societies concerned. The second set of specimen resolution has been placed on record as Annexure P.6. It was further the case of the petitioners that when the Member Societies approached the Inspector concerned for attestation of the resolution the same was refused and accordingly the petitioners were deprived from contesting or participating in the election. In order to support its contention it has been pleaded that the area of operation of the Bank was divided into 9 zones and the number of members of the Societies zone-wise is as under :- Zone No. No. of Societies 1. 79 2. 65
(3.) 67;