RAM KUMAR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution, the petitioner has prayed for direction to decide his representation immediately. In addition, it is prayed that the respondent No. 6 be declared as defaulter and disqualified. The correction be made in column Nos. 7 and 9 of final list of members before election of public programme.

(2.) SHRI Ravindra Dixit, learned counsel for the petitioner submits that petitioner preferred representation, Annexure P -2, dated 21.2.2014 by praying that the respondent No. 6 be declared disqualified because his parent society's registration was cancelled by the Joint Registrar on 19.2.2014, Annexure P/6. Hence, he is disqualified to contest the election under M.P. Cooperative Societies Act, 1960 (for brevity, the 'Act'). He submits that under section 57(F) of the Act, the competent authority may decide the representation to ensure free, fair and impartial election. In support of submissions, he relied on : 1969 JLJ 1016 (Basant Kumar vs. Assistant Registrar, Co -operative Societies, Jabalpur and others); : 2012 (2) MPLJ 237 (Rajiv Kumar Jain vs. Veerendra Narain Mishra (Elected Representative) and others); : AIR 2013 MP 181 (Sudama Prasad Dubey vs. State of Madhya Pradesh) and an unreported judgment of WP No. 947/2013 (PIL) (Atar Singh Gurjer and others vs. State of MP and others).

(3.) I have heard learned counsel for the parties.