CWP No.4238 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Civil Writ Petition No.4238 of 2010 Date of decision: 12.3.2010 Simardeep Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Ms. G.K. Mann, Advocate, for the petitioner. Rajan Gupta, J. (oral) The petitioner has sought a writ in the nature of certiorari for quashing order of Deputy Registrar, Cooperative Societies, Patiala dated 27th November, 2009 (Annexure P-4), passed in compliance with the order dated 5th October, 2009 of Joint Registrar, Cooperative Societies, Patiala, vide which his order dated 27th July, 2009, passed in Election Petition was set-aside and he was directed to pass legal orders examining the deficiencies occurred in the election process and also orders dated 28th December, 2009 (Annexure P-3) and 9th February, 2010 (Annexure P-5), passed by the appellate and Revisional Authorities respectively. It has been stated in the petition that Devigarh Cooperative Agriculture Society Limited is registered under Punjab Cooperative Societies Act, 1961. Since election of the Managing Committee of the Society was due, election programme for holding the election was prepared on 24th June, 2009. Eight zones were constituted for the CWP No.4238 of 2010 2 purpose. Candidates from two of the zones were declared elected unanimously. For the rest, election symbols were allotted. Elections were held on 24th June, 2009 and members were elected from respective zones. The petitioner contested from zone No.4 and won the election. An election petition was, however, preferred by respondent No.6 before the Deputy Registrar, Cooperative Societies, Patiala. It was alleged in the election petition that zone numbers were not mentioned on the ballot papers and Returning Officer put the votes of all the zones in a single ballot box, which was violative of elections rules. This apart, similar election symbols had been allotted to number of candidates. The election petition was ultimately allowed and election of the petitioner was set-aside vide order dated 27th July, 2009 (Annexure P-1). The petitioner preferred an appeal before the Joint Registrar, Cooperative Societies, who after hearing the parties set-aside the order and remanded the case to the Deputy Registrar for deciding afresh, vide his order dated 5th October, 2009 (Annexure P-2). The Deputy Registrar, however, again came to the same conclusion and maintained the order setting- aside the election, vide his order dated 27th November, 2009 (Annexure P-4). He also directed that election process to zone No.4 be started afresh. The petitioner preferred an appeal against this order. However, the said appeal was dismissed by the Joint Registrar, Cooperative Societies, vide order dated 28th December, 2009 (Annexure P-3). The petitioner, thus, preferred a revision petition before Secretary, Cooperation, Punjab. After hearing the parties, the said authority CWP No.4238 of 2010 3 dismissed the revision petition by a detailed order dated 9th February, 2010 (Annexure P-5). Aggrieved, the petitioner has preferred the instant petition. Learned counsel for the petitioner has argued that the authorities below have acted arbitrarily and against the provisions of the Punjab State Cooperative Societies Act, 1961. According to her, respondent No.6 did not raise any objection before the Returning Officer regarding the irregularities pointed out in the election petition and thus there was no ground on which election petition could be allowed. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. It appears that the Deputy Registrar, Cooperative Societies, Patiala opened the sealed election-box in the presence of all the parties. He found certain irregularities in the conduct of election. Admittedly, at the time of voting, signatures of voters were not taken and zone number was not mentioned on the ballot papers. In view of this, the authority below came to the conclusion that Returning Officer had not adhered to the instructions issued by the Registrar, Cooperative Societies regarding conduct of elections. The revisional authority i.e. Secretary Cooperation, Punjab even directed the Registrar, Cooperative Societies to take action against the Election Officer for violating the rules/ instructions. Learned counsel for the petitioner has not been able to point out any legal infirmity with the impugned orders. She has only CWP No.4238 of 2010 4 submitted that there was no irregularity in the conduct of the election and thus the same deserves to be upheld. She has assailed the orders by making certain factual contentions. However, I feel that the Deputy Registrar, Cooperative Societies, Patiala went into all the factual aspects and came to a firm conclusion that election had not been conducted in accordance with the rules/instructions. This order was upheld by the appellate as well as revisional authorities and it was found that election was in fact not conducted properly. I am, thus, of the considered view that no interference is called for in writ jurisdiction of this court. The factual issues cannot be adjudicated upon in the writ jurisdiction. I, thus, find no merit in this writ petition. The same is hereby dismissed. (RAJAN GUPTA) JUDGE 12.3.2010 'rajpal' To be referred to the Reporters or not: Yes / No