AKBAR MOHD KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners challenge the holding of elections of Board of Directors of M. P. Co-operative Marketing Federation Ltd.

(2.) Election of the Board of Directors took place for the period of five years which is the statutory period provided under S. 49 (7-A) of M. P. Co-operative Societies Act, 1960 (for short "the Act of 1960"). This period came to an end on 3-1-2002; the period was extended by the State Government exercising the powers under sub-section 7-AA of S. 49 of the Act of 1960 by 12 months from the date of expiry of terms of their respective societies.

(3.) After expiry of five years which is the original statutory period prescribed under sub-section 7-A of S. 49 of the Act of 1960, procedure of holding the election was started as per document Annexure A/13. Initial notice was given on 29-1-01. As per the notified election programme dated 17-1-01 the election procedure has commenced; the date of submitting the nomination form was 24-1-02; scrutiny of nomination had to take place on 27-1-02; withdrawal of nomination was to be done on 28-1-02 and election was scheduled for 4-2-02 and the result is also required to be declared on 4-2-02 i.e. today. It is stated at the Bar that election has taken place and 32 Directors were elected un-opposed.