SITA RAM SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) What is the starting point of limitation for raising dispute with respect to election in a co-operative society is the question raised in this writ petition. More precisely stated the question is whether it runs from the date of declaration of the result or the date on which the certificate in taken of the result is granted by the Election Officer.

(2.) The facts relevant to the controversy are that the election of the members and office-bearers of the managing committee of the Bahuarba PACS Ltd. was held on January 25, 1993. The results of the election were declared the same day. The certificate regarding declaration of results, however, was issued on February 13, 1993. The petitioner raised dispute by way of election petition before the Additional Registrar (Planning, Co-operative Societies, in Election Case No. 58 of 1993 which was dismissed on April 13, 1994, as time barred. The attempt to get the said order set aside in appeal before the Registrar, Co-operative Societies having gone in vain the petitioner has come to this Court.

(3.) Rule 21-X of the Bihar Co-operative Societies Rules, 1959, provides for election petition in respect of election held in a co-operative society, which runs as under :