MASTRAM Vs. CANE COMMISSIONER

JUDGEMENT

(1.) THESE three writ petitions raise common questions, hence are being decided by a common judgment.

(2.) THESE three writ petitions have been filed by the members of constituency No.9, which had been demarcated under the Rules of Chapter VI of. the U.P. Co-operative Societies Act. The petitioners alleged that as the elections of the Cane Unions which were a part of the Federation had not taken place, therefore, the Election Officer could not in exercise of the power conferred under Section 441 (2) of the Rules notify 29th December, 1987 for holding of the elections of the members of the Committee of Management, Vice-Chairman and other office-bearers. It is not being disputed by the contesting respondents that the elections of all the cane unions had not been completed before 29th December, 1987. It, however, alleged that the Election Officer of the Federation issued the election schedule in accordance with Rule 441, and that out of 13 constituencies, which had been earmarked for the Federation, elections had taken place in 12 constituencies. Only constituency that was left out was constituency No. 9 comprising of Moradabad and Bijnor cane unions. The respondents further have alleged that the elections of the members of the Committee of Manage- ment of 12 constituencies were held on 29-12-1987. On the same date, the results thereof were declared. In accordance with election schedule, the election of the Vice-Chairman of the Federation was held on 31st December, 1987 in which Anand Singh had been elected as Vice-chairman.

(3.) AGAINST the aforesaid order dated 23-12-1987, Mastram and Kripal Singh went up to the Supreme Court. Special Leave Petition (Civil) filed by Mastram was numbered as 207 of 1988. This petition along with S. L. P. No. 5140 of 1987 and 5348 of 1988 came up for orders on 17-2-1988 before the Supreme Court. The Supreme Court was not told that the elections of the Committee of Management had already taken place on 29-12-1987. It ordered : "Thereafter, the Cane Commissioner shall take immediate steps to hold the elections of the Managing Committee of the Federation and complete the same on the date specified i. e. June 15, 1988."