R.N. Mittal, J.
1. Briefly, the facts of this case are that a Society named as the Hamza Amritsarian Cooperative Agricultural Service Society Limited, Hamza, tehsil and district Amritsar (hereinafter referred to as `the Society'') is registered under the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as `the Act'').
2. The petitioners were registered as members of the Society on September 1, 1973 and September 24, 1973. Election to the Managing Committee of the Society was held on February 17, 1972, and five members were elected as members thereof and their names were forwarded to the Assistant Registrar, Cooperative Societies. The election of the Managing Committee was challenged by Baghel Singh, Cashier of the Society. The matter was referred to Shri Tara Singh Inspector, Cooperative Societies, as Arbitrator. He held the election of the Committee valid. Baghel Singh went up in appeal before the Assistant Registrar, Cooperative Societies, Amritsar, under section 68 of the Act, who accepted the appeal on February 12, 1973, and set aside the election of the Managing Committee. Consequently, he ordered the appointment of an Arbitrator of the Society. Harbhajan Singh, President of the Society, went up in a revision petition before the State of Punjab under section 69 of the Act against the order of the Assistant Registrar, Cooperative Societies dated February 12, 1973. A compromise was effected during the pendency of the revision petition before respondent No. 1. The Deputy Secretary to Government, Punjab, Cooperative Department, exercising the powers of respondent No. 1 under section 69 of the Act on the basis of the compromise, accepted the revision on October 30, 1973, and ordered as follows :
"(i) Shri Jagir Masih has resigned and in that vacancy fresh election may be held
(ii) The record of the Society shall be handed over to Inspector, Co operative Societies of the Circle by Shri Amrik Singh, ExSecretary, on or before 5th November, 1973.
(iii) The election of the member from the vacancy of Shri Jagir Masih will be held before 3rd December, 1973.
(iv) The members of the Society enrolled after 17.12.1972 will not participate in the election."
3. The Assistant Registrar, Cooperative Societies fixed December 3, 1973, as the date for election of one member of the Society, on account of the vacancy created by Jagir Masih. The order of the Deputy Secretary, dated October 30, 1973, has been challenged by the petitioners. The writ petition has been contested by the respondents.
4. It has been argued by the learned counsel for the petitioners that the petitioners were not parties to the revision petition in which the impugned order was passed. The consent order passed on the basis of compromise between Harbhajan Singh, President and Baghel Singh, disentitling the members of the Society enrolled after December 17, 1972, to participate in the election is illegal and improper. The parties to the revision petition had no right to take away the right of the petitioners in taking part in the election of one member on account of the vacancy created by the registration of Jagir Masih.
5. I have heared the learned counsel for the parties at considerable length. Rule 14 of the Punjab Cooperative Societies Rules, 1963, (hereinafter referred to as `the Rules'') provides regarding the disqualification for membership. Rule 16 says that no Cooperative Society shall admit members within fourteen days prior to the date of its annual general meeting. Clause 2 of Appendix `C'' says that no person shall be eligible for election as a member of the committee if he is subject to any disqualification mentioned in the Act and rules framed thereunder. The petitioners as stated above were registered as members on September 1, 1973, and September 24, 1973, that is, after December 12, 1972. The compromise puts a restriction on the petitioners and other persons who could be enrolled as members after that date to contest the election. It appears that they also cannot cast votes in favour of a candidate who wants to contest the election. No such restriction could be put on their rights granted by the rules by a compromise entered into between a few persons to a dispute. Thus the order of October 13, 1973, is illegal and liable to be quashed.
6. I, therefore, accept the writ petition with costs and quash the impugned order of the Deputy Secretary. Respondent No. 1 shall, however, be entitled to decide the matter afresh. Counsel''s fee Rs. 100/ to be paid equally by the State and the private contesting respondents.
