(1.) THE petitioner is a Member of Primary Krishi Sakh Sahakari Samiti maryadit, Atarikhejda, District Vidisha, which is a primary co-operative society registered under the M. P. Cooperative Societies Act, 1960 (for short 'the Act' ). He has filed this writ petition challenging the elections for the Cooperative society held in February, 2007. Though he has taken several grounds in the writ petition, the main grounds taken are that the election programme declared by the Registrar, Cooperative Societies and the concerned Election Officer is contrary to Rule 41 of the M. P. Co-operative Societies Rules, 1962 (for short 'the Rules') and the voter-list was not prepared as per provisions of Rule 23 of the said Rules.
(2.) IN a Division Bench judgment of this Court in Radhey Shyam sharma Vs. Chairman, Sewa/vriha Sahakari Samiti, Lashkar, Gwalior and others, 1989 MPLJ 208, the provisions of Section 64 of the Act and in particular sub-section (2) (v) thereof were noticed and it was held that if any candidate has any grievance with respect to the conduct of the election, he shall have the right to file an election petition for the redressal of his grievance before the Registrar in accordance with the provisions of Section 64 of the Act and therefore, the high Court in exercise of its power under Art. 226 of the Constitution will not interfere in such matters relating to election disputes of societies unless and until it is shown to the Court that the election process is so vitiated that it cannot be said to be an election held in accordance with the law.
(3.) IN view of the aforesaid decision of the Division Bench of the High court, we put a query to Mr. Saxena, learned Counsel for the petitioner why th petitioner has not filed an election dispute and has approached this Court under art. 226 of the Constitution. Mr. Saxena submitted that Rule 23 (3) (j) of the rules provided that the voter-list finally prepared by the Returning Officer shall be final. He submitted that since there was a finality attached to the voter-list prepared by the Returning Officer, the Registrar cannot decide the validity of the final voter-list so prepared by the Election Officer in an election process.