JAIPAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India assails process of election of the respondent No. 5 Primary Agriculture Cooperative Society Maryadit, Akola District Datia on various grounds including improper preparation of voters list and non-compliance of the notice period for publication of voter list provided in Clause (c) sub-rule (3) of Rule 23 of the M.P. Cooperative Societies Rules. 1962.

(2.) LEARNED counsel for the rival parties are heard and the record is perused.

(3.) LEARNED counsel for the State while relying upon the decision in the case of Rajendra Singh Vs. State of Madhya Pradesh and others reported in 2007 RN 283 = 2007 Volume 3 MPHT Page 70 and 526 has contended that when the election programme announced and process of election is set in motion, any dispute pertaining to election ought not to be adjudicated in writ petition in view of the availability of alternative, efficacious and statutory remedy of Dispute under section 64 of M.P. Cooperative Societies Act, 1960 (Act of 1960 for brevity).