GHANSHYAM TIWARI Vs. STATE OF MP

JUDGEMENT

(1.) Appellants have filed this writ appeal against the order dated 14-2-2007 passed by the learned Single Judge of this Court in Writ Petition No. 811/2007.

(2.) Appellants are the members of Primary Agriculture Credit Co-operative Society Maryadit, Rajpur, Hinota, Tehsil Kurwai, District Vidisha. The State Government had taken a decision to hold elections of the Primary Agriculture Credit Co-operative Societies, consequently, the Returning Officer of Primary Agriculture Credit Co-operative Society Maryadit, Rajpur, Hinota, issued an election-programme under section 41(2) of the M.P. Co-operative Societies Rules, 1962. The Returning Officer fixed the date, 5th February, 2007 for submitting nomination papers; 6th February, 2007 for scrutiny of the nomination papers and 7th February, 2007 for withdrawal of nomination papers. In pursuance to the aforesaid notification 43 candidates, who were members of the society, including the original petitioners, 11 in number, submitted their nomination forms on 5-2-2007. The Returning Officer rejected the nomination forms of all the candidates, except 11 candidates, including general category and reserved category candidates. The petitioners on the very next day, i.e. on 6-2-2007 submitted a complaint to the Collector, Vidisha, mentioning the fact that they submitted their nomination papers to Returning Officer, Mr. Vijay Singh Raghuvanshi, and on the next day, i.e. on 6-2-2007 scrutiny of the nomination papers had to take place, however, Mr. Vijay Singh Raghuvanshi, Returning Officer, did not attend the office of the Society on 6-2-2007 and he had been sitting on the aforesaid date at the residence of a B. J.P. leader, Mr. Prem Narain Tiwari, and on his instructions the returning officer rejected all the nomination papers, except nomination papers of 11 candidates. The petitioners requested the Collector, Vidisha to take appropriate action against the Returning Officer and re-notify the election of the society. A Panchnama was also prepared to this effect by the petitioners. When no action was taken within a period of two days i.e. on 8-2-2007 the original petitioners, 11 in number, filed a writ petition before this Court, which was registered as Writ Petition No. 811/2007. The learned Single Judge of this Court vide order dated 14-2-2007 dismissed the writ petition after holding that the election process had been going on and during election process the Court could not interfere in the election disputes.

(3.) Learned Senior counsel, appearing on behalf of the appellants, has submitted that there is no election in the eyes of law. The Returning Officer rejected all the nomination papers, except 11 nomination papers, on the instructions of the local ruling party member. There is gross violation of the provisions of the M. P. Co-operative Societies Rules, 1962, hence the learned Single Judge has committed an error of law in rejecting the writ petition. The learned Senior Counsel further argued that in the facts of the case the writ petition is maintainable and the election of the society is liable to be quashed. In support of his contentions learned Senior Counsel relied on the following judgments :-