Allahabad High Court
Neeraj vs State Of U.P. Thru Secy. And Others on 7 December, 2012
Bench: Satya Poot Mehrotra, Abhinava Upadhya
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 21
Case :- WRIT - C No. - 63757 of 2012
Petitioner :- Neeraj
Respondent :- State Of U.P. Thru Secy. And Others
Counsel for Petitioner :- S.P.S. Chauhan,Meenakshi Chauhan
Counsel for Respondent :- C.S.C.
Hon'ble Satya Poot Mehrotra,J.
Hon'ble Abhinava Upadhya,J.
The present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India, inter-alia, praying for quashing the order dated 2.11.2012, issued by the respondent no.2, whereby the dates for holding the elections of the Members of the Committee of Management of the Co-operative Societies and the Chairman/Vice Chairman etc. of the Committee of Management of the Co-operative Societies have been fixed. The elections are scheduled to take place on 10.12.2012 and 11.12.2012.
The ground raised in the Writ Petition is that the elections of the Co-operative Societies in question, scheduled to be held on 10.12.2012, be held after publication of final voter list. It is averred in paragraph-5 of the Writ Petition that till date, no final voter list has been published.
We have heard Sri Devesh Vikram, Advocate holding brief for Sri S.P.S.Chauhan, learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents no.1 to 5.
From a perusal of the Writ Petition and the annexures thereto, it is evident that the election process has already started, and the elections are scheduled to take place on 10.12.2012 and 11.12.2012. As the election process has already started, we are of the view that it will not be appropriate for this Court to exercise its Writ Jurisdiction under Article 226 of the Constitution of India so as to hamper the on-going election process.
After the conclusion of the elections, it will be open to the petitioner to pursue such remedy as may be available to the petitioner under law before appropriate forum for seeking appropriate reliefs for redressal of his alleged grievances as raised in the Writ Petition.
In this regard, we may refer to Rule 444-C of the Uttar Pradesh Co-operative Societies Rules, 1968 framed under the U.P.Co-operative Societies Act, 1965, which lays down as under:
"444C.(1) The election in a co-operative society shall not be called in question either by arbitration or otherwise except on the ground that-
(a) the election has not been a fair election by reasons that corrupt practice, bribery or undue influence has extensively prevailed at the election, or
(b) the result of the election has been materially affected-
(i) by improper acceptance or rejection of any nomination, or
(ii) by improper reception, refusal or rejection of voters, or
(iii) by gross failure to comply with the provisions of the Act, the rules or the bye-laws of the society.
Explanation.- For the purpose of this rule corruption, bribery or undue influence shall have the meaning assigned to each under Section 123 of the Representation of the People Act, 1951.
(2) A dispute relating to election shall be referred by the aggrieved party within forty-five days of the declaration of the result.
From a perusal of the above-quoted Rule, it is evident that the election in a co-operative society may be questioned by taking proceedings under the said Rule. One of the grounds mentioned in sub-clause (iii) of Clause (b) of sub-rule (1) of Rule 444C, for questioning the election is that the result of the election has been materially affected by gross failure to comply with the provisions of the U.P.Cooperative Societies Act, 1965, the Rules framed thereunder or the bye-laws of the Society. Another ground for questioning the election, mentioned in sub-clause (ii) of Clause (b) of the said Rule 444-C, is that the result of the election has been materially affected by improper reception, refusal or rejection of voters.
Thus, election in a Co-operatives Society may be questioned by taking appropriate proceedings under the aforesaid Rule 444-C on the grounds mentioned in the said Rule.
In view of the above discussion, the present Writ Petition filed by the petitioner is liable to be dismissed, and the same is, accordingly, dismissed.
Order Date :- 7.12.2012
SKM
