GANESH Vs. STATE OF M P

JUDGEMENT

(1.) IN this batch of writ petitions preferred under Articles 226 and 227 of the Constitution of India the challenge is to the process of election to the Committee - of Management at initial stage and in some cases after first round of election of different Cooperative Societies on various grounds, namely, illegal rejection of nomination papers of some individuals, or, invalid appointment of the Returning Officer, or, mass rejection of nomination forms on untenable grounds, or, mass rejection of nomination papers exhibiting palpable illegality to confer favour on certain contestants, or, non-supply of nomination forms to the aspiring candidates thereby debarring them from participating in the election, or, further non-availability of Returning Officer at the notified places, and such other ancillary factors. Thus, in essence, the prayer has been made for quashment of whole election process as the entire action of the Returning Officers luminously manifests complete arbitrariness and abuse exercise of powers.

(2.) AT the very outset, I would like to make it clear that it is not necessary to state the facts of each case in detail. However, I will refer to the nature of challenge in each case to show what compelled the petitioners to visit this Court invoking its extraordinary jurisdiction.

(3.) IN W.P. No. 1601/2001 the allegation is that the voters' list prepared by the competent authority was apparently defective. The further allegation is that the Returning Officer was required to attend the Office of the Society for scrutiny of the nomination forms on 16.3.2001 at noon but he reached office at 2 p.m. and no scrutiny was held in the presence of the candidates. It has been further putforth that the post of the President of the Society in question is reserved for Scheduled Tribes but the respondent No. 6 has been elected unopposed from the Scheduled Tribe category as no scrutiny was held at the time and place mentioned in the election programme.