MAHA AREA MAHILA WEAVERS CO-OPERATIVE SOCIETY LTD Vs. STATE OF MANIPUR REPRESENTED BY PRINCIPAL SECRETARY (CO-OPERATION)

JUDGEMENT

(1.) Heard Md. Jalaluddin, the learned Sr. Advocate appearing for the petitioner society in W.P.(C) No. 668 of 2017 and Shri M. Hemchandra, the learned Sr. Advocate appearing for the petitioners in W.P.(C) No. 690 of 2017; Shri B.P. Sahu, the learned Sr. Advocate appearing for the Registrar in both the cases; Shri Y. Ashang, the learned Addl. Govt. Advocate appearing for the State respondents and Shri Kamminthang Khongsai, the learned counsel appearing for the respondent No. 4 in W.P.(C) No. 668 of 2017.

(2.) The instant writ petition has been filed by the petitioner Society against the respondents for setting aside the result of election declared on 25-08-2017 electing the respondent No.4 as a representative of Chandel District to the Manipur State Co-operative Union {hereafter referred to as "the Union").

(3.) An affidavit-in-opposition has been filed on behalf of the respondent Nos.1,2 & 3 wherein it is stated that the Returning Officer issued a notice dated 01-06-2017 for holding an election on 16-06-2017 and in the meantime, the petitioner society submitted a complaint dated 14-06-2017 to the District Co-operative Officer, Chandel. But due to a writ petition being W.P.(C) No.435 of 2017 being filed, the said election was postponed and the writ petition came to be disposed of on 28-07-2017 with the direction to the Registrar to go ahead with the process of election and in compliance with the said order, the Returning Officer issued a notice dated 09-08-2017 declaring that the election be held on 25-08-2017. In the meantime, the District Co-operative Officer, Chandel addressed a letter dated 22-08-2017 to the Returning Officer which was received by it on 24-08-2017. Being suspicious of the situation, the Returning Officer immediately addressed a letter dated 24-08-2017 to the District Co-operative Officer, Chandel requesting him to give an explanation and in response thereto, the District Co-operative Officer, Chandel informed the Returning Officer vide its letter dated 25-08-2017 that 13 delegate members were eligible and be allowed to cast their votes. It has further been submitted that the election was held on 25-08-2017 in accordance with the provisions of the Manipur Co-operative Societies Act, 1976 and rules made thereunder as well as the bye-laws. The Returning Officer withheld the result of the election for sometime on account of apprehension of violence and after the District Co-operative Officer, Chandel having clarified vide its letter dated 25-08-2017 that the 13 delegate members were eligible, the Returning Officer declared the result and therefore, there was nothing wrong and illegal. The respondent No. 4 has filed an affidavit-in-opposition, as well as a rejoinder to the additional affidavit filed by the petitioner society, in the similar line but a preliminary objection has been raised as regards the maintainability of the writ petition on ground of non-joinder of the Union as a necessary party and it has also been stated that the mandatory provision as contained in Section 91 of the Act provides that it is the Registrar who is empowered to decide any dispute in relation to election. While denying the averments made in the petition, it has further been stated that the said election was held in compliance with the direction given by this court in W.P.(C) No.435 of 2017 decided on 28-07-2017 and the District Co-operative Society, Chandel District, after due verification issued a certificate in Form No. A i.e., "Certificate for the Delegates of a Co-operative Societies Affiliated to MSCU" as per the provisions of the Act and the rules made thereunder. The intention of the petitioner is nothing but to stall the election process of the Union.