DURGA SINGH Vs. REGISTRAR COOPERATIVE SOCIETIES AND ORS.

JUDGEMENT

(1.) To conduct election of the Management Committee of Ex-Servicemen Co-operative Consumer Society, Udhampur, Notification No. ENT/U/ 16/ 1755-60 dated 26.08.2016, was issued by Assistant Commissioner (Revenue), Udhampur -- Respondent No. 2, in exercise of powers vested under Section 29 of J & K Co-operative Society Act, 1989, read with Rule 16 of J & K Co-operative Societies Rules of 2001, appointing Dr. Pardeep Singh, Block Development Officer, Udhampur -- Respondent No. 3. The date fixed for election was 30th September 2016. This was followed by Notification dated 30th August 2016 issued by respondent No. 3, notifying Election Schedule and examination of Electoral Rolls from 1st September 2016 to 3rd September 2016 as also scrutiny of nomination paper was to be taken up by Returning Officer on 14.09.2016 at 100 AM.

(2.) Returning Officer-Respondent No. 3, vide No. BDOU / Co-Opr-Elect./2016/5151-56 dated 16.09.2016 addressed to Respondent No. 2 mentioning 16 nomination forms for the election of Management Committee received upto 13.09.2016, 11 nomination forms of candidates were accepted and 5 nomination forms were rejected. Petitioner's name has been shown as rejected amongst the five nominations forms of the candidates.

(3.) Feeling aggrieved of rejection order dated 16.09.2016, petitioner filed revision petition (File No. STJ/200/2016) before J & K Special Tribunal. Jammu. The revision vide judgment/order dated 20.02017 was disposed of with observation that the dispute relating to election, can be resolved by Registrar under Section 70 of J & K Cooperative Societies Act. Dissatisfied therewith, petitioner filed the instant petition.