RAMESH KUMAR SINGH Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-1990-3-99
HIGH COURT OF ALLAHABAD
Decided on March 07,1990

RAMESH KUMAR SINGH Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

S.H.A. Raza, J. - (1.) The main question involved in the aforesaid writ petitions is as to whether the election officer can refix the dates of the election which was disrupted, at the stage of date of withdrawal, i. e. after the withdrawal of the candidates in the election of the Co-operative Society and thus can set at naught the election of the delegates elected unopposed by the revised schedule of the election process ? If no, then whether the revised election process would thus be vitiated. The Registrar of the Cooperative Societies had issued an order for the election of the General Body and Managing Committee of the Co-operative Societies for holding the election of the delegates, election of the members of the Managing Committee an election of the President, Vice President etc. on various dates.
(2.) The aforesaid order was issued in compliance of the order passed by this Court on 25-10-1989 in Writ Petition No. 5393 of 1982 in re : Balak Ram v. Registrar, U.P. Co-operative Societies, Lucknow and another, which reads as under : "By means of this writ petition the petitioner has prayed for a writ in the nature of mandamus commanding the opposite parties to notify the entire election process afresh. Under the interim orders passed by this court on 9-11-1982 it was provided that the election will take place but its result shall not be declared. The term of elected candidate is only three years but by afflux of time the election proceedings which had already taken place, have before infructuous. In view of the interim order of this court the election could not take place and the authorities concerned are misusing the authority of law in this manner. Accordingly, the writ petition is allowed and the mandamus is issued directing the opposite parties to notify the entire election process afresh within one week from the date of production of a certified copy of this order by the petitioner. The election process shall be concluded within one 3nd half month from the date the same is notified. The interim order passed earlier is discharged."
(3.) In pursuance of the aforesaid orders the District Magistrate, Unnao appointed S.D.M., Hasanganj, District Unnao as Election Officer for conducting the election of delegates in the Bank of Hasanganj Branch, District Unnao. The opposite party No. 4 announced the following election programme beginning from 1-1-1990 to 16-1-1990 according to the announced election programme : JUDGEMENT_99_LAWS(ALL)3_1990.html;


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