VINOD BEHARI VARMA Vs. HOUSING COMMISSIONER REGISTRAR

JUDGEMENT

(1.) BY means of this writ petition the petitioner has prayed for the issue of writ of certiorari to quash the entire proceeding pending before Housing Commissioner/Registrar Urban Housing Co-Operative Societies U P. Avas Evam Vikas Parishad and others and has also prayed for the issue of writ of mandamus commanding him to decide the case according to law. -

(2.) IN the election of the U. P. Sahkari Avas Sangh Limited the petitioner and the opposite parties nos. 4 and 5 filed their nomination papers for the office of Vice President. After the counting of vote it was declared that - the petitioner and opposite party no. 4 secured equal number of vote, i.e. four votes. Opposite party no. 3 secured 3 votes. Accordingly lots were drawn as contemplated under rule 427 U. P. Co-operative Societies Rules 19o8 by the Returning Officer. After the lots were drawn, petitioner was declared elected as Vice President. It is thereafter the said opposite party no. 4 filed a reference before opposite party no. 1 under section 70 of the U. P. Co operative Societies Act and the petitioner filed written statement to the same. No issue had been framed arising out the pleadings of the petitioner and the opposite party no. 4. The petitioner raised objection before opposite party no. 1 that no scrutiny of the ballot papers could and can be done without framing issues and evidences. Opposite party no. 1 opened and broke the sealed cover containing the ballot papers of the election in question and fixed 31-8-1989 for the final orders On be half of the petitioner it was contended that in the absence of any prima facie evidence it was improper on the part of the opposite party no. 1 to break and open the sealed cover containing the ballot papers of the election in question and it was not within the jurisdiction of opposite party no. 1 to try the reference of election or to allow the inspection or to carry on scrutiny, of the ballot papers by breaking sealed cover and thereafter to proceed and decide the case finally on such ground.

(3.) ROLE 424 enumerates the grounds ; 424 (1) A ballot paper shall be rejected, if (i) It bears any signature to identify the voter; (ii) It does not bear the seal of the society or the initials of the polling Officer; (iii) It contains no mark, indicating a vote; (iv) It contains more marks than the number of the seats to be filled.