IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 1852 of 2008 Date of Decision : February 08, 2008 D.M. Sharma ....Petitioner Versus State of Punjab and others .....Respondents CORAM : HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE T.P.S. MANN Present : Mr. C.L. Sharma, Advocate for for the petitioner. Mr. S.S. Gill, Additional Advocate General, Punjab Mr. Jatinder Nara, Advocate M.M. KUMAR, J. The prayer made by the petitioner in the instant petition is for issuance of direction to Deputy Commissioner, Hoshiarpur-respondent No.2 and Shri Rajinder Pal Mehta-respondent No.3 to conduct election of the office bearers of the College Managing Committee, Hoshiarpur going to be held tomorrow, i.e., 9.2.2008 by way of Secret Ballat as provided in the Rules of the Society. It has further been prayed that the record of the election, including original ballot, be kept in a sealed cover for a reasonable time so as to enable the aggrieved members to challenge the same. It has still further been prayed that ex-officio members be also permitted to caste their votes as per rules. We have given dasti notices and respondent No.3 Rajinder Pal Mehta, senior-most Member of the Managing Committee of D.A.V. College, Hoshiarpur, who was elected to preside over the election meeting, has filed his reply. According to the stand taken in the reply, the resolution passed in the meeting held on 7.10.2008 was to elect the office-bearers of the Committee. He was authorized to preside over the meeting and as per the Constitution elected Committee and two ex-officio members i.e., Principal, D.A.V. C.W.P. No. 1852 of 2008 -2- College, Hoshiarpur and the Principal, D.A.V. Senior Secondary School, Hoshiapur are authorized to participate and caste their votes. Certain other averments have been made showing that some of the members are not entitled to caste their votes because Janmit Singh, Principal is a suspended Principal and Raj Pall Sood, Principal is merely an officiating Principal. The aforementioned objection stated to have been over-ruled by respondent No.3- Rajinder Pal Mehta. It has also been pointed out that Mr. Kamal Chaudhary, ex-M.P. has raised objections. Apart from the aforementioned averments made by respondent No.3, learned Additional Advocate General, on behalf of respondent No.2, has stated that the election shall be held in accordance with rules of procedure framed under the Constitution of the Society and particularly keeping in view Rule 7, which provides for Secret Ballot. In view of the above, we are of the considered view that this petition deserves to succeed and the directions are issued to respondents No.2 and 3 to conduct the election of the office-bearers of the Managing Committee tomorrow, i.e., 9.2.2008 by way of Secret Ballot provided in Rule 7. The aforementioned position has also been accepted by respondent No.2-Deputy Commissioner, Hoshiapur, as a statement has been made by learned State counsel in this regard. We order accordingly. The writ petition stands disposed of. We further direct that the ex-officio members are also directed to cast their votes, as permissible under the Rule. The record of the election be preserved for a period of three months. Copy of this order be given dasti on payment of usual charges. ( M.M. KUMAR ) JUDGE ( T.P.S. MANN ) FEBRUARY 08, 2008 JUDGE satish