SUKHDEV PRASAD KANOJIYA Vs. STATE OF M P

JUDGEMENT

(1.) By the Court. The principal issue that arises for consideration in this writ petition is whether the respondent No. 4 Shfi Durg Singh, was entitled- to contest in the election for the post of Member of Board of Directors of Co-operative Society, Majholi.

(2.) The facts as have been adumbrated in the writ petition are that the respondent No. 4 filed his nomination papers for the purpose of contesting as Member of Board of Directors of the aforesaid Society though he is not eligible to contest in such election having been convicted by Special Judge in Special Case No. 55/97 for commission of offence punishable under Section 325 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs. 1,000/-.

(3.) It is not disputed at the Bar that the petitioner is a member of the said Society and he was having aspiration of becoming a member of the Committee which is called Board of Directors, as has been putforth by Mr. Gangele, learned counsel who is appearing on behalf of respondent No. 4. It is putforth by Mr. Gangele that though the factum of conviction is not disputed, the respondent No. 4 has been declared elected and, therefore, the petitioner can take recourse to alternative remedy by raising a dispute before the competent authority under Section 64 of the M.P Co-operative Societies Act, 1960 (for brevity 'the Act').