PREMA DEVI Vs. STATE OF M P

JUDGEMENT

(1.) IN this writ petition under Article 226/227 of the Constitution of India, petitioners have approached this Court with grievance that in the Seva Sahkari Sanstha Maryadit, Tahangur Branch Umari, Tahsil and District Bhind, elections serious irregularities are being committed in the matter of filing, scrutiny and acceptance of the nomination papers. It is further submitted that virtually, it is a case of hijacking of the poll and, hence, there is no election at all in the eye of law. The very purpose of elections of the cooperative society is frustrated and the voice of people in democratic pattern of elections as provided under law is strangulated in a high -handed manner. Therefore, it is prayed that an inquiry is required to be done in the alleged process of elections.

(2.) AT this stage, learned State 's counsel has raised a preliminary objection to the effect that under section 80 -A of the Madhya Pradesh Cooperative Societies Act, 1960, there is ample power vested with the Registrar, M.P. Cooperative Societies, to look into such complaints and pass a reasoned order.

(3.) FACED with the situation, learned counsel for the petitioners submits that in view of the aforesaid preliminary objection, petitioner may be permitted to approach the Registrar, M.P. Cooperative Societies. Further direction may be issued to the Registrar to entertain the complaint and conduct an inquiry within a time bound programme with further prayer that the election so held in the meantime, may not come in the way of the said authority while deciding the complaint, on merits.