RAJENDRA KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India. The petitioner is a member of Gramin Sewa Sahakari Sanstha Maryadit, Panpur', Tehsil and District Mandsaur, a co-operative society registered under the Co-operative Societies Act, 1960, (hereinafter referred to as 'the Act'). The society is holding an election to elect members of the society and its delegates for representing the society in other co-operative societies. The petitioner filed nomination forms for being elected as the delegate of the society in the District Central Co-operative Bank Limited, District Mandsaur; but on the date fixed for scrutiny of nomination papers, the nomination forms of the petitioner were rejected by respondent No. 4, the Returning Officer. It is contended on behalf of the petitioner that the nomination forms filed by the petitioner have been illegally rejected by the Returning Officer on political considerations as the petitioner belongs to Bhartiya Jama Party and that respondent No. 4 is acting on instructions of respondent No. 3, the Assistant Registrar of Co-operative Societies, to reject the nomination forms of candidates not belonging to Congress (I) party. It is contended that in other elections, which are being held by other societies in Mandsaur and Neemuch tehsils of District Mandsaur, in 44 societies out of 52 societies, the nomination forms of candidates not belonging to the ruling party have been rejected. The petitioner contends that the rejection of his nomination paper and of other nomination papers by Returning Officers of all those societies is mala fide and illegal and he has filed this petition under Article 226 of the Constitution for staying the elections of all the Primary Co-operative Societies in Mandsaur and Neemuch tehsils and for setting aside not only the rejection of his nomination forms but the rejection of all other nomination forms in all the aforesaid co-operative societies.

(2.) in reply to the notice to show cause why the petition be not admitted, it is contended on behalf of the respondents that for the grievance of the petitioner arising out of rejection of his nomination form for election as a delegate of the society, the remedy of raising an election dispute under Section 64 of the Act is available to the petitioner and the remedy sought by the petitioner under Article 226 of the Constitution is misconceived. It is further contended that the rejection of the nomination forms is for valid reascns, which are in accordance with the rules prescribed in that behalf and that the allegation of the petitioner that a 1 the nomination forms filed by candidates not belonging to Congress (I) have been rejected in the Mandsaur District for oblique motives, is ill founded, false and malicious. It is further contended that some of the candidates, who have been elected as unopposed on account of rejection of nomination forms of other candidates, do not belong to the Congress (I) party and the allegation of the petitioner that the action of the Returning Officer is mala fide and malicious, is totally unfounded.

(3.) Shri Kokje, learned counsel for the petitioner, contended that the petitioner was challenging not only the election to be held by his society, but also the elections to be held by all other societies in Mandsaur and Neemuch tehsils and hence a petition under Article 226 of the Constitution was the only remedy available to the petitioner. Reliance was placed on the decision of the Supreme Court in Bar Council of Delhi & another v. Surjeet Singh &. others [AIR 1980 S. C. 1612]. It was further contended that the remedy under Section 64 of the Act was illusory as a dispute under Section 64 of the Act could be raised before the Registrar only after the declaration of the results of the elections and that the Registrar of Co-operative Societies, who has to decide disputes under Section 64 of the Act, was bound to act in accordance with the wishes of the ruling party. It was, therefore, urged that the remedy under Section 64 of the Act was not efficacious.