SAYYED AKHTAR MUSTAQ Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed this writ petition taking exception to order dtd. 4/3/2020 passed by respondent No.5 by which election programme of Board of Directors of Anant Pur Grah Nirman Shahkari Samiti Maryadit, District Rewa was declared and election dtd. 11/9/2019 of Board of Directors of said society was cancelled.

(2.) Counsel appearing for petitioner has raised the question of law that election officer cannot cancel a concluded election and only remedy for cancellation of election is to file election petition under Sec. 64 of M.P Co-operative Societies Act, 1960.

(3.) Respondent No.5 had filed its reply and stated therein that complaint was received by answering respondent as well as by office of Deputy Registrar Cooperative Society, Rewa on 10/10/2019. Enquiry was conducted and a report was submitted that it is necessary to stop election process of society to ensure credibility of election process and there was serious doubts regarding manner in which election was conducted. As per the report dtd. 19/11/2019 entire election process of society was corrupted. Order to cancel election was passed under sec. 49-D of Cooperative Societies Rules 1962. It is further submitted that as per Sec. 57(f) of M.P Cooperative Societies Act 1960, it was duty of Election Authority to see that free, fair and impartial elections are conducted. In view of above, it has been submitted that order dtd. 4/3/2020 does not suffers from any illegality.