- (1.) BY the Court.-The petitioners claimed that they are the duly elected members of the Committee of Management of Engineers Evam Karmchari Sahkari Awas Samiti Limited, Aligarh (hereinafter referred to as the 'society') by the Election Officer on 26.11.2010 i.e. the date of withdrawal of nomination papers and a certificate to that effect was also issued on that date under Rule 443(1) of U.P. Cooperative Societies Rules, 1968(hereinafter referred to as the 'Rules, 1968') but by the present impugned order dated 23.2.2011, passed by the Registrar, Housing Cooperative Societies U.P. Lucknow (Housing Commissioner, U.P. Lucknow), a direction has been issued to hold the election afresh, ignoring the fact that once the nomination papers have been filed as per the election programme duly issued by the Election Officer and the petitioners having been declared as members of the Committee of Management unopposed, the election process which was disrupted thereafter can only commence from the stage of disruption and not denovo.
(2.) THE controversy in nutshell is as under: THE society of Engineers Evam Karamchari Sahkari Awas Samiti Limited, Aligarh is a cooperative housing society registered under the provisions of Uttar Pradesh Cooperative Societies Act, 1965 (hereinafter referred to as the 'Act) and it has been constituted with the aim to provide cheap and affordable houses to its members. The term of the last Committee of Management of the society expired on 13/14.9.2010. Initially the dates namely; 11.9.2010and 12.9.2010were fixed vide order dated 30.6.2010 passed by the Registrar, for holding elections of the Committee of Management but elections could not be held on that date and therefore, the dates namely 18.12.2010 and 19.12.2010 were fixed for holding elections of the Committee of Management vide order dated 18.12.2010 passed by the Registrar. The District Magistrate, in accordance with Rule 414 of the Rules, 1968 appointed Sri Mahesh Chandra Sharma, Food and Sanitary Inspector, Department of Health, Nagar Nigam, Aligarh, as Election Officer for conducting the elections vide order dated 16.11.2010. The Election Officer published the election programme on 19.11.2010 in accordance with Rule 441 of the Rules, 1968 for election of the members, Chairman, Vice Chairman as well as the delegates of the society. The following election programme was published in a local daily 'Rajpath' in its edition dated 20.11.2010: JUDGEMENT_508_ADJ4_2011Image1.jpg
(3.) IT is the specific case of the petitioners that on 26.11:2010 after the time for withdrawal of nomination papers had expired, the petitioners were found the only persons to remain in fray from their respective constituencies and their nominations fi were the only valid nominations from their respective constituencies, therefore, the Election Officer in accordance with the Rule 443 of the Rules, 1968 declared the petitioners elected as members of the Committee of Management of the society from their respective constituencies. Besides the petitioners, two other persons were elected unopposed from their respective constituencies. After declaration of result of the elections of the petitioners as members of the Committee of Management, nothing happened but thereafter as per the case of the petitioners under political pressure the Election Officer wrote a letter on 10.12.2010 to the District Magistrate that election process has been stayed due to apprehension of breach of peace and violence. Thereafter some enquiry appears to have been made on the instructions of the District Magistrate issued on 10.12.2010 itself, by the Assistant Registrar, Cooperative Societies, Aligarh and Cooperative Housing Officer, Agra. The petitioners, however, dispute that any such enquiry was made and also that there was any apprehension of breach of peace and violence. On the same very day i.e. 10.12.2010, the District Magistrate wrote another letter to the Housing Commissioner/Registrar, Housing Cooperative Societies informing him that due to dispute amongst the members and apprehension of breach of peace and violence, the Election Officer stayed the election vide order dated 10.12.2010 and a request was made by the District Magistrate for fixing further dates for election.;