Kulwant Singh And Others vs State Of Punjab And Others
2021 Latest Caselaw 2377 P&H

           IN THE HIGH COURT OF PUNJAB AND HARYANAAT
                          CHANDIGARH

                                    Civil Writ Petition No. 8264 of 2021(O&M)
                                             Date of Decision: August 23 , 2021.


Kulwant Singh and others                             ...... PETITIONER (s)
             Versus
State of Punjab and others                           ...... RESPONDENT (s)


CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:     Mr. Pardeep Bajaj, Advocate
             for the petitioners.

             Mr. TPS Chawla, DAG, Punjab.

             Mr. Balwinder Singh Sehra, Advocate
             for respondent Nos.5 and 6.
                                 *****
             1. Whether reporters of local papers may be allowed to see
                the judgment?
             2. To be referred to the reporters or not?
             3. Whether the judgment should be reported in the digest?
                                 *****

LISA GILL, J.

This matter is being taken up for hearing through video

conferencing due to outbreak of the pandemic, COVID-19.

CM No.10721-CWP of 2021

Prayer in this application is for preponement of hearing of the writ

petition, which is listed for 09.11.2021.

Learned counsel for the parties are ad idem that hearing of this writ

petition be preponed from 09.11.2021 for today itself.

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 CWP No.8264 of 2021(O&M)                                                     [2]

At request and with consent of learned counsel for the parties,

hearing of the writ petition is preponed for today itself.

Application is disposed of.

CWP No.8264 of 2021

Prayer in this writ petition is for direction to respondents No.1 to 5

to conduct the elections of the Managing Committee of respondent No.6-

Society in a fair and transparent manner according to the relevant Rules and

Act.

Learned counsel for the petitioners submits that the petitioners

restrict their prayer for a direction to the respondent for carrying out

videography of the election process, in question.

Learned counsel for the State has circulated communication dated

20.07.2021, in the Whatsapp group created for the purpose of Video

Conferencing, addressed to petitioner No.1 conveying that his request for

videography has been rejected. Learned counsel for the petitioners submits that

such communication has never been received by him. Learned counsel for the

State submits that a copy of the same was handed over to the Secretary of the

respondent-Society and it was his duty to have circulated it amongst the

members.

Learned counsel for the State is unable to deny that while this

communication dated 20.07.2021 was addressed to petitioner No.1, no effort

was made to serve the same on him though learned counsel for the State submits

that as per prevalent practice such communications are sent to the Secretary of

the Society, who would further circulate it.

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 CWP No.8264 of 2021(O&M)                                                   [3]

Be that as it may, without going into this controversy regarding

service of said communication which, at this stage, is not relevant and having

heard learned counsel for the parties, I do not find any impediment for carrying

out of videography of the election to be conducted for the cooperative society in

question. The same would necessarily ensure free and fair election and would

set at rest a number of contentious issues which may otherwise arise. Learned

counsel for the respondents, in all earnest, are unable to deny the same, though

an apprehension has been expressed that as it may not be possible to hold the

election on 24.08.2021 if videography has to be carried out and it may be

deferred by about four weeks. In this eventuality, it is submitted that the

petitioners would raise a hue and cry, leading to another issue. Learned counsel

for the petitioners, however, submits that no such issue shall be raised in case

elections are held within five weeks with proper arrangements for its

videography. Furthermore, petitioners undertake to bear entire expense for

videography.

Accordingly, it is directed that proper and wholesome videography

of the election process be ensured by respondent No.4, arrangements for which

shall be made by the petitioners, cost thereof shall also be borne by them. It is

also open to respondent No.4 to have necessary arrangements made after the

expense thereof is deposited by the petitioners.

Writ petition is accordingly disposed of.

                                                       ( LISA GILL )
August 23 , 2021.                                          JUDGE
'om'

                    Whether speaking/reasoned:      Yes/No
                    Whether reportable:             Yes/No


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