ARUN KUMAR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed challenging the order dtd. 13/1/2024 passed by Central Registrar of Cooperative Societies i.e., Respondent No. 2, holding that the 15 elected members of the outgoing Board of Supreme Court Bar Association Multi-State Cooperative Group-Housing Society Ltd. i.e., Respondent No. 5 are not eligible for being elected as a member of the Board for a period of five (5) years from the date of this order.

(2.) The learned counsel for the Petitioners states that the said order is without jurisdiction and is contrary to the Multi-State Co-operative Societies Rules, 2002 ("MCS Rules'). He states that the Respondent No. 2 has no jurisdiction to pass the order and the power, if any, vests in the Returning Officer, i.e., Respondent No. 4 ("RO").

(3.) He states that the revised election programme was published on 28/12/2023 final list of candidates has been published by the RO on 11/1/2024. He states that the names of the Petitioners herein have been published in the said final list. He states after the publishing of the said final list the impugned order cannot be sustained. He states that the scrutiny of the nomination forms was duly undertaken by the RO and at that relevant stage no objection was raised. He states that after verification of the nomination forms, the final list was published and he further states that the Petitioners cannot be excluded on the eve of the elections.