- (1.) Balbir Singh petitioner was elected as a member of the Managing Committee, also known as Board of Directors of the Sunam Primary Co- operative Land Mortgage Bank Limited, Sunam (hereinafter referred to as the Bank) in the election held on August 18, 1978 from Zone No. 1. He had been opposed by Sher Singh respondent No. 3. Sher Singh filed an application before the Deputy Registrar, Co-operative Societies, Sangrur, respondent No. 1, under section 55 of the Punjab Co-operative Societies Act (hereinafter referred to as the Act), raising a dispute regarding the election of the petitioner. On a prayer by Sher Singh respondent No. 3, the petitioner had been restrained by respondent No. 1 from taking part in the affairs of the Bank. The petitioner, filed a written statement and raised therein certain points before respondent No. 1, who vacated the stay order granted vide his order dated September 8, 1978. The application for arbitration was withdrawn by Sher Singh respondent No. 3 and the same was dismissed on November 16, 1978.
(2.) Jeeva Singh respondent No. 2 filed an application on December 18, 1978 before respondent No. 1 stating that one Hardarshan Singh son of Prem Singh was the real nephew of the petitioner and he was employed in the State Co- operative Land Mortgage Bank as an Assistant Inspecting Officer, incharge of Patiala and Sunam, and that the petitioner had given a wrong declaration in clause 7 of the nomination papers that he was not related to any employee of State Co-operative Land Mortgage Bank or the Bank. Jeeva Singh in that application prayed that Balbir singh petitioner be disqualified and the applicant who had fought the selection against him be declared elected. Respondent No. 1 exercising the powers of the Registrar, Co-operative Societies, Punjab, ordered on December 22, 1978, that Balbir Singh petitioner had ceased from the Directorship of the Bank. Dissatisfied with this order, copy of which is appended as Annexure P-6 with the petition, the petitioner has filed the present petition.
(3.) The Deputy Registrar, Co-operative Societies, respondent No. 1 has come to the conclusion that Hardarshan Singh was a nephew of the petitioner. He was an employee of the State Co-operative Land Mortgage Bank and happened to be incharge of Patiala and Sunam branches of the State Co-operative Land Mortgage Bank. Respondent No. 1 has passed the impugned order, purporting the exercise of the powers conferred on him under Rule 26(f) of the Punjab Co- operative Societies Rules, 1963 (hereinafter referred to as the Rules). He concluded that Balbir Singh petitioner had filed written declaration at the time of contesting the election. If this information were available at the time of the scrutiny of the nomination papers, the opposite party may have raised objections against the nomination papers, of Balbir Singh petitioner and he may not have been allowed to seek the poll. Purporting to exercise the powers conferred by Rule 26(f) of the Rules, the Deputy Registrar ceased the petitioner from the Directorship of the Bank.;