SHARAD MUJUMDAR Vs. ASSTT DIRECTOR

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioners, members of Cooperative Society, respondent No. 2, pray for issuance of a writ, quashing the whole election process, as evidenced by Annexure 1.

(2.) By order dated 4-10-91, a show cause notice, against admission of this petition was issued. Accordingly Shri Chafekar, learned counsel appears for the respondent No. 2. The respondents have also filed their replies to the show cause notice and have prayed for vacating the interim order of stay as passed on 4-10-91. Shri Trivedi learned counsel for the petitioner, is heard.

(3.) The petitioner has raised following grounds : For want of intimation of special General meeting by Dak under certificate of posting, sub-rule (3) of Rule 34 was violated. Referring to Rule 41 (2) and the Rule 23 (4), sub-rule (3) (b) it was contended by Shri Trivedi, learned cousel for the petitioners, that the respondents, as is evident from the election programme, as circulated by Annexure 1, showing the date of filing of nomination on 10-9-91 between 12 to 5 in the afternoon and the date of Special General Meeting on 6-10-91. The respondents have contravened the above two rules by not keeping" the minimum time gap.