NEERAJ KUMAR SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioners are residents of Revenue District Anuppur, which was carved out from Revenue District Shahdol with effect from 15th August, 2003 by notification dated 11th August, 2003 of the State Govt. issued under sub-section (2) of Section 13 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as 'the Code' ). They have filed this petition under article 226 of the Constitution of India challenging the elections of office bearers of Adim Jati Seva Sahkari Samiti Maryadit Lampus Kotma, Adim Jati sewa Sahkari Samiti Maryadit, Devgawa and Adim Jati Sewa Sahkari Maryadit bhalmudi.

(2.) SEVERAL grounds have been taken in the writ petition challenging the election of the office bearers of the three Co-operative Societies, but we cannot consider all such grounds in view of the law laid down by Division Bench of this Court in Radhey Shyam Sharma Vs. Chairman Sewa/vriha Sahakari samiti Lashkar, Gwalior and others, 1989 MPLJ 208, that normally the High court in exercise of power under Article 226 of the Constitution will not interfere in an election dispute of Co-operative Societies until and unless election process is shown so vitiated that it cannot be said an election held in accordance with law. But in writ petition we can consider grounds which relate to jurisdiction of the authorities under the M. P. Co-operative Societies Act, 1960 to hold the election and appoint the Returning Officer for the election.

(3.) MR. Ashish Trivedi, the learned Counsel for petitioners, submitted that Anuppur had been notified as a separate Revenue District by notification dated 11th August, 2003 by the Government under sub-section (2) of Section 13 of the Madhya Pradesh Land Revenue Code, 1959 with effect from 15th August, 2003, but the State Government has not issued a notification under sub-section (2) of Section 3 of the Act directing that the powers and duties conferred and imposed on the Registrar under the Act in Anuppur Distt. will be exercisable by the Deputy Registrar of Shahdol District. He submitted that notwithstanding the fact that no such order has been issued by the State Govt. under sub-section (2) of Section 3 of the Act empowering the Deputy Registrar, Shahdol to exercise power under Section 49 of the Act relating to election of Co-operative societies. In Anuppur District the Deputy Registrar Shahdol has exercised all powers under Section 49 of the Act. He submitted that considering the aforesaid lacunae, the entire process of elections of Co-operative Societies in Anuppur district including the aforesaid four Co-operative Societies is vitiated.