RAM PAL SINGH Vs. REGISTRAR COOPERATIVE SOCIETIES

JUDGEMENT

(1.) -Does postponment of date of poll by the Registrar of Cooperative Societies in exercise of power under Rule 440 of the Rules framed under Cooperative Societies Act results in nullifying the election process completed in accordance with election schedule announced prior to adjournment of poll is the legal issue that has been raised in these petitions.

(2.) PROCEDURE for election of members of cooperative societies notified under sub-section (3) of Section 29 of the Act is provided by rules 439 to 444-A of Part IV of Chapter XXIX of Rules for election in Cooperative Societies. Under these rules the power to fix the date of poll has been vested in the Registrar which has to be carried out by the District Magistrate through election officer for different areas or for different cooperative societies. Once the date of poll has been fixed the election officer has been empowered to fix the time schedule by giving not less than fifteen days notice from the date of poll intimating the programme of election which includes displaying of provisional voter list, its finalisation, filing of nomination, their scrutiny, withdrawal, allocation of symbol and the date, time and place of poll. Proviso to Rule 440 reads as under : " Provided further that the Registrar may, in special circumstances after recording reasons therefor, allow extension in time schedule of a co-operative society or class or classes of co-operative societies or of co-operative societies of any area or areas but such extension in time schedule shall be subject to the provisions of section 29 of the Act.

(3.) IN the result these petitions succeed and are allowed. A direction is issued to opposite party to hold the election as scheduled on 12th and 13th September, 1988 on basis of nominations etc. filed on time schedule announced when election was to be held on 31st July and 1st August, 1988.