N BALAJI Vs. VIRENDRA SINGH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment of the High Court of Delhi in CWP No.3706 of 2003. National Co-operative Consumers Federation of India Ltd. (NCCF for short) is a duly registered Society under the provisions of Multi-State Co-operative Societies Act, 2002 (hereinafter to be referred to as the Act) and before the Act came into force by the provisions of Multi-State Co-operative Societies Act, 1984. A notice for the election of the Directors of respondents Society was published on 12-6-2002 under the provisions of Multi-State Co-operative Society Act 1984 (hereinafter to be called as the Old Act) and the rules framed thereunder. On 23-7-2002 appellant made a representation/objection to the concerned authorities contending therein that the defaulting members should not be given voting rights in the election of the Directors. A list of eligible voters for the ensuing election of the Directors was published. The appellant feeling aggrieved by the voters list published, which according to the appellant, contains the names of the persons who were defaulters, sent a representation dated 7-8-2002 to the Minister requesting him to de-list the names of any ineligible voters from the voters list. On 12-8-2002, the appellant again sent a representation to the Central Registrar to de-list the names of the non-eligible persons from the voters list. It is the case of the appellant that in spite of the representation having been made for de-listing the names of the non-eligible persons from the voters list, the election was held on the basis of the electoral roll published on 17-8-2002 and respondents 1, 2 and 3 were declared elected as Directors of the Society. On 21st August, 2002 the appellant again sent a representation to Agriculture and Co-operation Minister, Govt. of India, New Delhi and raised therein an election dispute. The representation inter alia stated that the voters list has been irregularly prepared; non-eligible members have been included in the voters list. The nominations filed by the candidates were proposed and seconded by the members who do not belong to the same zone. The proposers and seconders are not the valid voters as they have not paid the minimum share capital before 15-7-2002 to NCCF. The delegate having a valid vote, has only one vote in the same zone and not in the other zone, according to Section 22 of Multi-State Co-operative Societies Act 1984 and Bye Law 19 (c) of NCCF Act. Instead of one vote, according to the Bye Laws, each delegate has cast five votes which is illegal and untenable and therefore directions would be necessary for each delegate to cast only one vote, according to the Bye Laws etc.

(3.) The appellants representation, raising the election dispute was not taken note of by the Minister concerned or any of the officer of the Society and therefore the appellant approached the High Court of Delhi by filing a Writ Petition which was registered as C.W.P. No. 6504 of 2002.