KALYAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner before this Court has filed this present writ petition under Article 226/227 of the Constitution being aggrieved by the illegal and arbitrary action of the respondents in conducting elections in respect of the District Cooperative Krishi Evam Gramin Vikas Bank Shivpuri (hereinafter referred to as the Society). The contention of the petitioner is that while conducting the elections of the Society, the percentage of reservation of delegates is determined to the extent of 90% which is more than the constitutionally permissible percentage of 50% and therefore, the same deserves to be set aside.

(2.) AS per averment made by the petitioner in the writ petition, there are about 8100 members of the Society and the following is the break -up of percentage of the reservation done in respect of the delegates of the Society. <IMG>JUDGEMENT_191_MPWN1_2008.jpg</IMG>

(3.) THE respondents No. 1 and 2 have filed a detailed return and stand of the respondents is that once election programme has been published, this Court does not have any jurisdiction to entertain the writ petition under Article 226 and 227 of the Constitution. It has also been averred in the return that statutory alternate remedy is available to the petitioner to raise an election dispute under section 64 (2) (v) of the Madhya Pradesh Cooperative Societies Act, 1960 (hereinafter referred as to Act of 1960), and therefore, the petition deserve to be dismissed.