LAWS(MPH)-1996-1-11

VINOD SHRIVASTAVA Vs. ELECTION OFFICER NAVYUVAK SHRAMILK

Decided On January 08, 1996
VINOD SHRIRASTAVA Appellant
V/S
ELECTION OFFICER, NAVYNVAK SHRAM IK CO-OPERATIVE SOCIETY Respondents

JUDGEMENT

(1.) Two grievances have been made in the present petition preferred under Article 226 or the Consitution of India. These are :

(2.) It be seen that the contention which has been raised at serial number (ii), loses its significance because the stand taken by the respondents is that the rules have already been framed and these rules are being given effect to. Even otherwise, what is sought to be prayed for by getting the bye-laws amended is that there should be proper reservation for reserved categories. Thus, the net result is that only one argument survives to be taken noteof. This is as indicated above is based on the provisions of Section 48 (3) of the Madhya Pradesh Co-operative Societies Act, 1960 (hereinafter referred to as the Act). This provision read as under :

(3.) The total membership as given by the society to which elections are being held is 280. The number of members who belongtd to scheduled castes category is 100. This number is more than one fourth less than one half The case of the petitioners would be covered by Section 48 (3) (ii) of the Act. The stand taken by the respondents is that three seats have since been reserved one for Scheduled Castes, one for Scheduled Tribes and one teat for ladies.