Des Raj Rana and others vs Chandigarh Administration and others

K. Kannan, J.—The petitioners have a grievance that the election is being held in a manner which is against the provisions of the Cooperative Societies Act and the Rules. Amongst his objections, it is contended that the Secretary has called for the election without reference to the Committee, which alone has the power to formulate an election schedule. It is further contended that the petitioner is sought to be disfranchised by allowing for members, who have been already removed by a specious reason that a revision against the decision is pending before the higher forum. The petitioners would claim that they have given their objections to the Registrar, who shall consider the objections regarding the alleged illegality of the preparation of the election schedule and the manner in which the membership list has been published and the mode of conduct of election that is proposed. The petitioners shall also be at liberty to raise a dispute if they are so advised in the manner contemplated u/s 55 of the Cooperative Societies Act. If any representation is given to the Registrar, he shall take the decision so that the grievance of the petitioners against the alleged illegality is fully addressed by a proper application of mind by the officer competent to examine the same.

The writ petition is disposed off without adverting to the merits as canvassed by the petitioners and any observation made in this writ petition shall not constitute as rendering a finding either in favour or against any of the parties, who have their stake in the election. Copy of the order be issued dasti under the signature of the Reader attached to this Court.