NARBADA PRASAD TIWARI Vs. BRIJLAL

JUDGEMENT

(1.) BY this application under Articles 226 and 227 of the Constitution the applicant prays for the issue of a writ of certiorary for quashing the decision of the Sub-Divisional Officer, Bilaspur, rejecting an election petition filed by the petitioner challenging the election of the respondent No. 1 Brijlal as a co-opted member of gram Panchayat, Ratanpur.

(2.) THE election to the Gram Panchayat was held on 4th January 1965. As no chairman of any Co-operative Society in the Gram Sabha was elected as a member it became necessary to co-opt a Chairman of a co-operative Society functioning in the Gram Sabha as laid down in Section 11 (3) (ii) of the Madhya pradesh Panchayats Act, 1962. A meeting of the elected panchaa for making this co-option was convened on 26th January 1965. The petitioner Narbada Prasad and the respondent No. 1 Brijlal, each claiming himself as the Chairman of the Service co-operative Society, Ratanpur, filed their nomination papers for co-option. One ramjilal, who claimed that he was the President of the Goldsmiths' Association, ratanpur, also filed his nomination paper. Krishna Sewak Lal, Vice-president of another Co-operative Society functioning in the Gram Sabha also offered himself as a candidate for co-option. The Presiding Officer rejected the nomination of ramjilal on the ground that the Goldsmiths' Association was not a Co-operative society and of Krishna Sewak Lal for the reason that only a Chairman of a Cooperative society and not a Vice-President was qualified for being co-opted. In regard to the nomination papers of the petitioner Narbada Prasad and the respondent Brijlal, the Presiding Officer did not decide on 25th January 1965 whether the nomination paper of Narbada Prasad as the Chairman of the Service co-operative Society, Rattanpur, or of the respondent Brijlal who also claimed to be the Chairman of that Co-operative Society should be accepted. He thought it proper to seek a clarification from the Assistant Registrar, Co-operative Societies, bilaspur, on the point whether Narbada Prasad or Brijlal was the Chairman of the service Cooperative Society, Ratanpur. The Presiding Officer postponed his decision on the point till 27th January 1965. On this date the Presiding officer, without waiting for any clarification from the Assistant Registrar, held that the petitioner Narbada Prasad was not the validly elected Chairman of the Service Cooperative society and was, therefore, not qualified for, being co-opted. He further held that the respondent Brijlal was the validly elected Chairman of the Society and he being the sole candidate remaining in the field was entitled to be co-opted as a panch. The Presiding Officer arrived at the conclusion that the petitioner Narbada Prasad was not the validly elected Chairman of the Co-operative Society after holding an enquiry into the validity of a meeting of the Co-operative Society held on 21st january 1965. Narbada Prasad claimed that this meeting had been validly convened and he was validly elected thereat as the Chairman. On the other hand, the respondent Brijlal questioned the validity of the meeting and contended that the election of Narbada Prasad as Chairman was invalid and that on 26th January 1966 he was the de jure Chairman of the Co-operative Society, the validity of the meeting of the Cooperative Society said to have been held on 21st January 1966 was challenged by Brijlal On various grounds which are not material here.

(3.) IN the election petition which the applicant then filed against the co-option of brijlal, the petitioner raised the contention that the Presiding Officer had no jurisdiction to decide the dispute between him and Brijlal as regards the valid election of the Chairman of the Co-operative Society; that under Section 64 of the m. P. Co-operative Societies Act, 1960, such an election dispute could be decided operative Society held on 21st January 1965 was a valid meeting and his election as Chairman at that meeting was also valid The Sub-Divisional Officer dismissed the election petition on finding that the meeting of the Co-operative Society held on 21st January 1965 at which Narbada Prasad was elected as the Chairman was not a valid meeting and that, therefore, he could not be regarded as having been elected as the Chairman of the Co-operative Society; and as he was not the chairman of the Co-operative Society on 25th January 1965, his nomination paper was rightly rejected by the Presiding Officer.