RAM JANAM MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri H.R. Mishra, learned Senior Advocate for the petitioner, Shri Narendra Kumar Giri for the U.P. State Cooperative Election Commissioner, Shri Shiv Nath Singh and learned Standing Counsel for the respondents.

(2.) At the very outset, a preliminary objection has been raised by Shri Shiv Nath Singh regarding maintainability of the writ petition. He has submitted that the election process has already commenced and that voting to elect the Committee of Management of the District Co-operative Federation Ltd., Nadesar, Varanasi is to be held tomorrow.

(3.) It is settled law that once the election process has been set in motion after the notification for holding elections has been issued, the Court should not interfere so as to stall the election. Reliance has been placed upon paragraph 11 of the decision of this Court in Ramkant Singh and others vs. State of U.P. and others, 2005 (3) AWC 2477.