SATISH KUMAR PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Regard being had to the commonalities of both writ appeals which are filed under Section 2(1) of M.P. Uchcha Nyayalya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, being aggrieved by the order dated 01-12- 2020 passed in W.P.No.6336/2020 by the learned Single Judge, whereby writ petition has been dismissed.

(2.) The appellants/writ petitioners filed writ petition challenging the order dated 04-03-2020 passed by the respondent no.5 by which the election programme of Board of Directors of Anantpur Grah Nirman Sahakari Samiti Maryadit, District Rewa was declared and the election dated 11-09-2019 of Board of Directors of the said society was cancelled.

(3.) The respondent no.5 has filed reply before the learned Single Judge and stated that complaints were received by the answering respondents as well as by the office of Deputy Registrar Cooperative Society Rewa. On 10-10-2019 enquiry was conducted and the report was submitted that it was necessary to stop the election process of the society to ensure the credibility of the election process as there were serious doubts regarding the manner in which the election was conducted. As per the report dated 19-11-2019, entire election process of the society was corrupted. The order to cancel the election was passed under Rule 49-D of the Cooperative Rules, 1962. It was further submitted that as per Section 57-F of the M.P. Co-operative Societies Act, 1960, it was the duty of the Election Officer to see that free, fair and impartial elections are conducted. In view of the above , the impugned order does not suffer from any illegality.