BIR SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The petitioner is challenging the election of a Committee of Management of a Co-operative Society on the ground that the notice given by the Election Officer fixing certain date for polling is not adequate and is contrary to the provisions of the Rule 441 and other rules framed under the U. P. Co-operative Societies Act. We do not propose to give any final opinion on this issue as in our opinion all objections relating to elections of members of Co-operative Societies and the Committee of Management ought to be taken only after the elections are over within the framework of U. P. Co-operative Societies Act and the Rules framed thereunder. Rule 444-C lays down the grounds on which these elections can be challenged. Clause 3 of Rule 444-C (i) (b) provides thet elections can be challenged on the ground, Inter alia, of gross violation of the procedure laid dawn under the Act, Rules and bye-laws. In the case of Gurmel Singh v. Election Officer [Writ No. 699 of 1987] a Division Bench of this Court by its judgment dated 24-2-1987 [repotted in 1987 All LJ 1420] held as follows :-

(2.) We are in respectful agreement with the above approach. Further both this Court and the Supreme Court have issued directions to the Registrar, Co-operative Societies to ensure that the elections of the Co-operative Societies and their Committees of Management are concluded latest by 31-12-1987. It will not therefore, be right and proper to interfere with the process of the election at this stage. It is because of this consideration that we decline to interfere at present.

(3.) Learned counsel submitted relying on 1958 Alld (Full Bench) page 347 and 197S AIM 491 (A Divn. Bench) whwe the illegality is patent this Court should intervene and stop the further process of election. We are unable to accept this contention In view of the special considerations mentioned above.