R.N.MITTAL, J. - (1.) THE petitioners are primary societies registered under the Punjab Co -operative Societies Act, 1961 (hereinafter referred to as the Act). Batala Central Co -operative Bank Limited, Batala, respondent No. 4 (hereinafter referred to as the Bank) is a Central Society of which the petitioner and other Co -operative Societies are members. The Bank has a Managing Committee consisting of nine members to administer it. For the purpose of electing members to the Managing Committee, the area in which the bank operators is divided into nine Zones and one member is returned from each zone. Thereafter election programme is drawn by the Manager according to clause (4) of Appendix 'C' to the Punjab Co -operative Societies Rules, 1963 (hereinafter referred to as the Rules). The programme for electing nine members was framed by the Manager according to which last date for filing the nomination papers was fixed as January 27, 1978 and for holding elections and declaration of results as February 5, 1978. It is alleged that the names of the petitioners did not find place in the zonal lists, and consequently they were unable to exercise their right to vote and contest the elections. The petitioners challenged the zonl lists on the ground that their names and the names of other 49 -member societies were not included in them.
(2.) IT is contended by Mr. Kuldip Singh learned counsel for the petitioner, that petitioners were members of the Bank and their representatives were entitled to exercise their right to vote and contest the election. The zonal lists were prepared without any intimation to the petitioners and names of the petitioners were not incorporated therein. He urges that the result was that the petitioners were deprived of their right to vote and contest the elections through their representatives. According to him the elections held on the basis of such electoral rolls were void and liable to be set aside. I have given a thoughtful consideration to the argument of the learned counsel. It cannot be disputed that framing of the proper electoral rolls is necessary for holding the elections. Reference in this connection may be made to the observations of the Supreme Court in Chief Commissioner, Ajmer v. Radhey Shyam Dani, 1957 S.C.R. 68. Bhagwati J., speaking for the Bench observed as follows : - "It is of the essence of these elections that proper electoral rolls should be maintained and in order that a proper electoral roll should be maintained. It is necessary that after the preparation of the electoral roll opportunity should be given to the parties -concerned to scrutinize whether the persons enrolled as electors possessed the requisite qualifications. Opportunity should also be given for the revision of the electoral roll and for the adjudication of claims to be enrolled therein and entertaining objections to such enrolment. Unless this is done, the entire obligation cast upon the authorities holding the elections is not discharged and the election held on such imperfect electoral rolls would acquire no validity and would be liable to be challenged at the instance of the parties concerned. It was in our opinion therefore, necessary for the Chief Commissioner to frame rules in this behalf, and in so far as the rules which were this framed omitted these provisions they were defective." From the above observations, it is clear that unless proper electoral rolls are prepared, the election would be liable to be challenged on that ground. It is further clear that the learned Judge was of the view that the Chief Commissioner should have framed rules in this regard. It will be relevant to point out that no rules under the Act have been made by the Punjab Government for framing electoral rolls. The Haryana government has, however, taken a lead in doing so. It will, in my view, be proper that the Punjab Government should also make rules to frame electoral rolls as has been done by the Haryana Government.
(3.) NOW I shall advert to some of the provisions of the Act and the Rules. Under section 18 every member of a co -operative society has one vote in the affairs of the society. The Committee of a co -operative society is required to divide the area of operation of the society into zones for the purpose of election of members of the Committee under section 26(1A). Rule 20 of the Rules, makes into incumbent on a co -operative society to maintain a register of members showing inter alia name, address and occupation of each member. Rule 23 provides that the members of the committee of a co -operative society shall be elected in accordance with Rules given in Appendix 'C'. Clause (1) of Appendix 'C' contains definitions of various words. Sub -Clause (e) defines the word 'voter' and according to the definition, 'voter' means a person entitled to vote under the rules. Clause (4) deals with election programme.;