RAM SANEHI Vs. DISTRICT MAGISTRATE AND ORS.

JUDGEMENT

(1.) Ram Sanehi has filed this petition Under Article 226 of the Constitution, praying for a writ of certiorari for quashing the order dated 16 -9 -1971 passed by the District Magistrate, Etawah, declaring his election to the post of Sanchalak of the Kshetriya Sahkari Samiti, Khera Dahaulpur as invalid. He also prays that some other consequential reliefs be also granted to him.

(2.) Sri Ram Sanehi was elected to be a Director and thereafter President of the Kshetriya Sahkari Samiti Khera, in an election held on 8th of November, 1970. Sarvasri Sadho Singh and Shadi Lal filed an application Under Rule 225 of the Rules framed under the U.P. Co -operative Societies Act, 1965 questioning the validity of Ram Sanehi's election. It was alleged that on 24th of August 1969 Sri Ram Sanehi took a loan from the Society which he did not repay till 8 -11 -1970 when he was elected to be a Director. The learned District Magistrate, Etawah who decided the election petition as an Arbitrator, found that on 8 -11 -1970, the date on which the election took place, Petitioner Ram Sanehi was in default for over six months in respect of the dues of the society and was as such disqualified for being elected as a Director or President as provided in Rule 453(i)(k) of the U.P. Co -operative Societies Rules. In the result he made an award setting aside Petitioner's election as Director and thereafter as President of the Samiti.

(3.) Learned Counsel for the Petitioner contends that in view of the circular dated May 3, 1968 issued by the Registrar Co -operative Societies, the Petitioner could not be considered to be a defaulter in respect of the loans taken by him, till June 20, 1970. If the Petitioner became a defaulter for the first time or June 30, 1970 he was not in default for a period of six months or over on 8th November, 1970 when the election took place. He was, accordingly not disqualified for being elected as Director or President of the Society.