- (1.) Fresh elections to the Committee of the Central Co- operative Bank, Gurgaon, (hereinafter called 'the Bank') were directed to be held on July 25, 1975, by the Registrar, respondent No. 2 under the Rules of Election to the Committee of Cooperative Societies (hereinafter called 'the Election Rule') embodied in Appendix 'C' (as in Haryana) of the Punjab Cooperative Societies Rules, 1963. Respondent No. 3, who was Retuning Officer, issued the election programme under rule 5 of the Election Rules and accordingly exhibition of the voters list of various zones was to be made on May 23, 1975; objections to the constitution of the zones and the voters lists were to be heard on May 29, 1975; certified copies of the resolution by the Member Cooperative Societies as required by sub-rule (6) of rule 4 of the Election Rules was to be filed on June 12, 1975; the list of representative of member- societies, who are to act as voters was to be exhibited on June 24, 1975 ; the nomination papers were to be filed on June 30, 1975; scrutiny of the nomination papers was to be held on July 1, 1975; withdrawal of any of the nomination papers was to take place on July 3, 1975 symbols were to be allocated on July 4, 1975 ; and the election was to take place on July 25, 1975. In compliance with this election programme published by respondent No. 3, the list of various zones of voters was exhibited on May 23, 1975 ; objections were heard on May 29, 1975 ; notified copies of the resolutions by the member-societies were filed on June 12, 1975 ; and the list of representatives of member-societies for acting as voters was exhibited on June 24, 1975. Thus the process of election up to this stage was completed when all of a sudden respondent No. 2 (the Registrar) issued a stay order by telegram (annexure P. 2) on June 25, 1975, suspending further operation of the election programme in the following terms :- "Election of Central Cooperative Bank Gurgaon fixed for 25.7.75 postponed." It is averred in para 5 of the petition that the Registrar had postponed the election under some political pressure. It is in this situation that the present writ petition has been filed challenging the order of respondent No. 2 staying election to the Committee of Bank.
(2.) The only point urged by Mr. Balwant Singh Malik, learned counsel for the petitioner, is that the Registrar has no authority in law to postpone indefinitely the process of election midway when all the formalities, necessary for the election, had been validly completed. The return has been filed on behalf of respondent No. 2 by the Joint Registrar. The facts regarding the election programme and postponement of the election as alleged in the petition are admitted. The revelant para No. 4 is reproduced below :- "In reply to para 4 of the petition it is submitted that according to the election programme chalked out by respondent No. 3 the lists of zones and zonal lists of voters were exhibited by the Manager. The Gurgaon Central Cooperative Bank Ltd., Gurgaon in the registered Office of the Bank and also in the office of the Block Development and Panchayat Officer Gurgaon on 23.3.1975 for a period of six days in terms of rule 4(3) of the Punjab Cooperative Societies (Haryana Second Amendment) Rules, 1972. The objections were heard and decided against these lists by the respondent No. 3 on 29.5.75. On 24.6.75 the answering respondent received two complaints one from Shri Har Kishan member of the High Joint farming Society, tehsil Palwal and the other from Shri Rajpal singh Director of the Bank to the effect that the lists of voters did not contain the names of various societies which were members of the bank and the zones were and not properly constituted. Rule 4(1) of the aforesaid rules enjoined a statutory duty on the respondent No. 3 to include the names of all the members of the Bank in the list of voters. Since the lists of voters and the constitution of zones formed the basis of the entire election process, the answering respondent considered it necessary to postpone (not stay as alleged) the election. The answering respondent postponed the election bona fide in the interest of the members of the Bank. The allegation that the answering respondent postponed the election illegally is innocent and hence denied."
(3.) The only ground for postponing indefinitely the election, as mentioned in para 4 of the return,is that two complaints were received by respondent No. 2 to the effect that the list of voters did not contain the names of various societies which were members of the Bank and that the zones were not properly constituted. But this can hardly be a ground for postponing the election. The whole procedure for constitution of zones and the preparation of the zonal lists of voters is laid down in rule 4 of the Election Rules. Rule 3 lays down that the election shall be held on a date fixed by the Registrar; the election shall be conducted by the Returning Officer and the date fixed for election shall be communicated to the Returning Officer and the Manager of the Cooperative Society concerned at least ninety days before the expiration of the tenure of the committee. Rule 4 of the Election Rules is reproduced below in extenso :- (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 Cooperative 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 Cooperative Society, and prepare the lists of voters zone wise. If required by the bye-laws of the Cooperative Society, the zones shall be constituted for each category of voters separately for providing the representation of the committee accordingly. The lists of voters prepared zones-wise shall include all the shareholders admitted to the cooperative 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 cooperative society ; (b) the offices of the Assistant Registrar and the Deputy Registrar of Cooperative Societies located in the area of operation of the cooperative ; 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 cooperative society may, within a period of six days from the date of exhibition sub-rule (3)." It will be seen that "sub-rule (1) deals with the constitution of zones and preparation of the zonal lists. It lays down that the Manager shall, on receipt of communication of the date of election, divine the area of operation of the cooperative society into zones and prepare the list of voters zone-wise which shall include all the shareholders admitted to the cooperative society upto the date of receipt of the communication of date of election by him. Under sub-rule (2) the Manager is required to submit the proposal regarding constitution of zones and zonal list of voters to the Returning Officer for his approval. After the proposal is accepted the Manager shall, under sub- rule (3) exhibit the notice indicating the zones and zonal lists of voters for a period of not less than six days in the manner prescribed therein. Six days from the date of exhibition of such a notice, any voter or the shareholder of the society may submit his objections to the list of zones and voters to the Returning Officer under sub-rule (4). Sub-rule (5) lays down that such objections shall be heard and decided by the Returning Officer, who shall then finally approve the list of zones and voters. This shows that whole procedure is provided as to how the zones are demarcated and the voters list is prepared and then the opportunity is given for filing the objection and after the objections are heard and decided then the list of zones and zonal list of voters is finally approved." Admittedly, the list of zones and voters was exhibited on May 23, 1975, and the objections were heard on May 29, 1975, as required by sub-rule (5) of rule 4 of the Election Rules and then the list was finally a proved. If anybody had grievance regarding the voters list or the zones, the objections could be filed by him within the prescribed period before the Returning Officer. In the instant case, as noticed earlier, two complaints were filed before the Registrar and not before the Returning Officer and that too on 24th June, 1975, after the last date for filing the objections was over. In such a situation Registrar had no authority in law to postpone indefinitely the election by sending a telegram to the Manager of the Bank. I have perused the office record and do not find any order of the Registrar postponing the election. There is only office noting of the Assistant of the office of the Registrar on the complaints followed by the suggestion from the Assistant Registrar that the election may be postponed telegraphically, which was assented to by the Registrar. It does not show that at any stage the Registrar had applied his mind to the case.;