RAJENDRA SHUKLA Vs. A B QURESHI

JUDGEMENT

(1.) This is a petition filed by the petitioner challenging an order passed by respondent No. 1 which is in the nature of an interlocutory order, staying the elections in a dispute raised by respondent No. 3 who happens to be the son of respondent No. 1.

(2.) According to the petitioner, the programme of elections of President and Vice-President of Zila Sahkari Sangh Maryadit, Bilaspur, was notified and the elections were to take place on 30-10-84. It is alleged that the programme was announced as stated in Annexure 'A'. It appears a few days before the date of elections, respondent No.3 who was one of the voters in the elections, filed a dispute which was entertained by respondent No.1 and an interlocutory order was passed on 29-10-84 restraining the holding of elections which were due to be held on 30-10-84.

(3.) Learned counsel for the petitioner contended that respondent No. 1 entertained the dispute u/s 64(2) of the M.P. Co-operative Societies Act, 1960 in direct violation of the proviso to section 64(2), as this proviso clearly lays down that no dispute shall be entertained after the commencement or announcement of elections till the results of elections are declared. It is also contended by the learned counsel that respondent No. 1 entertained the dispute raised by respondent No.3, his own son and in so doing and passing an interlocutory order, he has acted in an improper manner.