IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.136 of 2011 (O&M) Date of decision: 2.5.2011 Narain Singh. -----Appellant. Vs. Addl. Registrar, Cooperative Societies, Haryana & others. -----Respondents. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. C.R. Dahiya, Advocate for the appellant. Mr. Anil Rathee, Addl.A.G., Haryana. Mr. Jagdeep Singh, Advocate for respondent No.3. --- ADARSH KUMAR GOEL, ACJ. 1. This appeal has been preferred against order of learned Single Judge dismissing the writ petition of the appellant against election of respondent No.5 Parvinder Singh. 2. Case of the appellant is that he was a member of Managing Committee of a primary Cooperative Society constituted under the provisions of the Haryana Cooperative Societies Act, 1984 (for short, “the Act”) and wanted to contest election to a central cooperative society. However, his name was deleted by the Zonal Committee illegally to keep him out of L.P.A. No.136 of 2011 the zone of consideration in violation of the rules contained in Appendix to the main rules i.e. Haryana Cooperative Societies Rules, 1989. He approached the Registrar, Cooperative Societies under Section 102 of the Act, wherein a statement was made in his favour to the effect that he could participate in the election of the Board of Directors of the Central Society. The application of the petitioner was disposed of accordingly vide order dated 25.6.2009, Annexure P-4. Inspite of this, he was considered as a voter and was kept out of the election process and Parvinder Singh, respondent No.5 was unanimously elected. Thereafter, he again filed a petition to the Registrar, Cooperative Societies, which was dismissed as not maintainable vide order dated 20.9.2010 on the ground that the appellant was not a voter. 3. Thereafter, writ petition was filed before this Court assailing validity of the view taken in order dated 20.9.2010, Annexure P-5. Main contention of the appellant was that the said order was against earlier order dated 25.6.2009, whereby the appellant had been treated to be a voter. Learned Single Judge, however, held that since there was unanimous election of Parvinder Singh, validity of the voters list cannot be gone into and the writ petition could not be entertained. 4. We have heard learned counsel for the parties. 5. Learned counsel for the appellant submitted that the issue was not merely of validity of voters list but of effect of the order already passed which had become final, recognizing the 2 L.P.A. No.136 of 2011 appellant as voter. In view thereof, exclusion of the appellant from the election process was arbitrary and was not appreciated in the second order dated 20.9.2010 passed by the Additional Registrar, Cooperative Societies, Haryana. This contention could not be rebutted by learned counsel for the State and the private respondent. 6. Accordingly, we allow this appeal, set aside the impugned order and remand the matter to the Additional Registrar, Cooperative Societies, Haryana for fresh decision of petition No.65 of 2009 filed by the appellant in accordance with law. The matter may be decided as far as possible within three months from the date of appearance of the parties. 7. The parties may appear before the said authority for further proceedings on 30.5.2011 The appeal is disposed of. (ADARSH KUMAR GOEL) ACTING CHIEF JUSTICE May 02, 2011 ( AJAY KUMAR MITTAL ) ashwani JUDGE 3