GOVIND SOMANI Vs. REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) PETITIONER is challenging the preparation of the voter list as well as the election programme on various grounds with respect to the election of District Co-operative Central Bank Ltd., Khandwa.

(2.) THIS Court has taken the consistent view that election should be allowed to be completed peacefully without any interruption from any forum. In Shiv Narain Pandey v. Satish Tiwari, 1998 RN 178, this Court laid down that no interference should be made by any forum in the process of election.

(3.) IN Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahkari Dugdha Utpadak Sanstha and another v. State of Maharashtra and others, (2001) 8 SCC 509, their Lordships held that the preparation of provisional list of voters, filing of objection against the provisional list of voters, consideration of the objection by the Collector and finalising the list of voters, all occur in Rules which cover the entire process of the election. The Rules framed for election of specified societies are a complete code in itself providing for the entire process of election beginning from the stage of preparation of the provisional voters' list, decision on the objection by the Collector, finalisation of electoral rolls, holding of election and declaration of result of the election. The preparation of the voters' list must be held to be part of the election process for constituting the Managing Committee of a specified co-operative society. The decision was rendered in the context of Maharashtra Cooperative Societies Act, 1960 which appears to be peri materia provision to the M.P. Co-operative Societies Act and Rules. Relevant portion of para 7 is quoted below :-