Darbara Singh vs Deputy Commissioner

A.S. Bains, J.

This petition is directed against the orders of the Returning Officer dated February 26, 1975.

Election programme for the election to the membership of Panchayat Samitis of District Faridkot was published and in pursuance of the said election programme the Assistant Registrar, Cooperative Societies issued election programme for two seats reserved for the Cooperative Societies. The petitioner and respondents 3 to 6 filed nomination papers for the election to the Panchayat Samiti for the reserved seats of the Cooperative Societies. These nomination papers were filed on February 24, 1975. Scrutiny took place on February 26, 1975 and the petitioner''s nomination papers were rejected on the ground that his signatures did not appear in the membership register of the society against his name in proof of his being its member. It is against this order of the Returning Officer that the present writ petition has been filed.

I have perused the membership register pertaining to Daroli Bhai Cooperative Agricultural Service Society. The name of the petitioner appears in this register at serial number 257. It is shown that he was admitted as member on September 2, 1968. Column No. 4 of this register relates to the number of shares which a member has purchased and it is shown against his name that he has ten shares. The column for signatures is vacant. Copy of the audit report is also shown. In this audit report also the list of the membership of this Society is shown and name of the petitioner appears in this list. It is mentioned that he was also paid the dividend of Rs. 6/ of the share money on July 15, 1974. So, for all purposes, he is regarded by the Society as a member. It is pertinent to reproduce below Rule 20 of the Punjab Cooperative Societies Rules, 1963, which is in the following terms :

"20. Maintenance of register of members. Every Cooperative Society shall maintain a register of members showing :

a) the name, address and occupation of each member, and a statement of shares held by him;

b) the date on which the member''s name was entered in the register;

c) the date on which any person ceased to be a member;

d) the nominees appointed by a member."

A reading of this rule shows that a Cooperative Society shall maintain a register of members and it shall contain the name, address and occupation of each member and a statement of shares held by him; the date on which the name of the member was entered in this register; the date on which any person ceased to be a member; and the nominees appointed by a member. Under this rule the membership register should have only four column No. 1 should contain the name, address and occupation of on which the name of the member is entered in the register; column N.3 the date on which any person ceased to be a member and column No. 4 the name of the nominee appointed by a member. In this rule it is not required that a member has to sign his name in the register. The requirement of signature is only provided for under Byelaw No. 10. The rules have the statutory force and are framed under the Punjab Cooperative Societies Act. The byelaw cannot lay down condition that may go against the Rules. Hence, I hold that the petitioner was a member of the Society on the date of his filing the nomination papers and also on the day the scrutiny took place and the Returning Officer was in error in rejecting his nomination papers on the ground that he has not put his signatures against his name in the membership register.

Mr. Shant, learned counsel for respondents 3 and 4, has raised a preliminary objection that since the Society is not make a party, the writ petition should be dismissed on this score alone. I hardly find any merit in this contention. Society is not a necessary party. The only persons who were to be affected by this order are respondents 3 to 6 and the Society is not to be affected in any manner by this order. Mr. Shant has, for his contention, relied upon a Division Bench authority of Mysore the High Court in Seemana Bhaskarappa Malekar v. The Administration and others, 1966 Cooperative Law Journal 286, a Single Bench authority of this Court in Banta Singh v. Anjuman Imdad Bahmi and Thrift Society, 1969 Current Law Journal 581. These rulings are of no assistance to the facts of the present case.

For the reasons recorded above, I allow this petition and set aside the order dated February 26, 1975, of the Returning Officer and further direct that the nomination papers of the petitioner shall be deemed to have been accepted and the election shall take place afresh from the date of scrutiny and that the remaining candidates, who were in the field after the scrutiny and the withdrawal, shall be free to participate in the election. No costs.