IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.23056 of 2010 Date of decision: 22nd December, 2010 The Dashmesh Cooperative Labour and Construction Society Ltd. … Petitioner Versus JRCS Jalandhar and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. M.S. Kang, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present writ petition has been filed seeking a writ in the nature of certiorari quashing the voters list (Annexure P-5). Admittedly, election is being held today. The election has commenced at 10.00 a.m. This petition is taken up for hearing at 12.35 p.m. The primary grievance of the petitioner is that the voters list (Annexure P-5) is not in consonance with the provisions of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as, ‘the Act’), rules and bye-laws of the Society. Counsel for the petitioner has referred to a petition (Annexure P-6) filed before the Joint Registrar, Cooperative Societies, Jalandhar, wherein the following objections were raised regarding validity of the electoral rolls: “3. That it has come to the notice of the petitioner that respondent No.2 is neither member of respondent No.1 Society nor he could be authorized to represent the Society in the election nor he can contest the election as representative of respondent No.1 because only a member or Civil Writ Petition No.23056 of 2010 committee member of the Society can be authorized to contest or represent the Society in the election as per Act and Rules and bye laws of the Society. 4. That not only this, societies mentioned in annexure P-1, either are lying defunct or are under winding up or do not exist but even then by preparing false resolution without there being any record or managing committee, of the said societies took place for the last so many years so in the absence of there being any managing committee, there was no question of passing resolution and by showing these as members of managing committee/proxies have been prepared so that fake votes may be got polled in the election from persons authorized on behalf of alleged societies, who are neither members of said Society nor Committee members nor the societies are working.” Learned counsel has stated that he will not press ground No.3 of Annexure P-6, which has been noticed above, at this stage. However, counsel has forcefully urged that in the voters list (Annexure P-5), by preparing false resolutions, the Societies, which are lying defunct and are under winding-up process or do not exist, have been shown as voters. It is not disputed that voters list (Annexure P-5) was issued about six months ago. Grievance of the petitioner is that the validity of voters list (Annexure P-5) was assailed in a petition under Section 55 and 56 of the Act before the Joint Registrar, Cooperative Societies Punjab, Jalandhar and he has dismissed the same on 20th December, 2010. Learned counsel has stated that even copy of the order has not been supplied. The petitioner has not been diligent enough to approach this Court earlier for taking directions that the Joint Registrar, Cooperative Societies Punjab, Jalandhar should decide the petition well before the commencement of polls. This Court has always held a view that validity of 2 Civil Writ Petition No.23056 of 2010 the electoral rolls cannot be determined by a writ Court, as it essentially raises disputed questions of fact and requires evidence. For redressal of grievance of the petitioner, remedy of election petition has been provided. Before the Election Tribunal, evidence can be led and facts pleaded can be proved. This Court will be hesitant to cause interference, when the election is already going-on. The petitioner, if so advised, may file an election petition for redressal of his grievance. Counsel for the petitioner has further stated that in the electoral rolls, the Assistant Registrar, Cooperative Societies, Punjab has given a finding against nine voters that the resolutions have been wrongly passed. The electoral roll is a subject matter of a petition before the Deputy Registrar, Cooperative Societies. Be that as it may, once the election is on, this Court cannot come to the rescue of the petitioner. Hence, the present writ petition is hereby dismissed in limine. [KANWALJIT SINGH AHLUWALIA] JUDGE December 22, 2010 rps 3