Satya Poot Mehrotra and Het Singh Yadav, JJ. - (1.) WE have heard Shri K.C. Pandey, learned Counsel for the petitioner and the learned Standing Counsel appearing for the respondent Nos. 1 to 5, and perused the record. The present Writ Petition has been filed under Article 226 of the Constitution of India, inter alia, praying for quashing the election held on 30.10.2012 wherein the respondent No. 7 has been elected as Chairman of the Cooperative Society in question. The election is being challenged on the ground of various irregularities allegedly committed in the election.
(2.) LEARNED Standing Counsel appearing for the respondent Nos. 1 to 5 has raised a preliminary objection that the petitioner has got an alternative remedy of taking proceedings under Rule 444C of the U.P. Cooperative Societies Rules, 1968 framed under the U.P. Cooperative Societies Act, 1965 to question the election of the respondent No. 7 on the grounds mentioned in the said Rule. Therefore, no interference is called for in the present Writ Petition under Article 226 of the Constitution of India. Having considered the preliminary objection raised by the learned Standing Counsel appearing for the respondent Nos. 1 to 5, we are inclined to accept the same.
(3.) RULE 444C of the U.P. Cooperative Societies Rules, 1968 framed under the U.P. Cooperative Societies Act, 1965 lays down as under: 444 -C. (1) The election in a co -operative society shall not be called in question either by arbitration or otherwise except on the ground that - (a) the election has not been a fair election by reasons that corrupt practice,, bribery or undue influence has extensively prevailed at the election, or (b) the result of the election has been materially affected - (i) by improper acceptance or rejection of any nomination, or (ii) by improper reception, refusal or rejection of voters, or (iii) by gross failure to comply with the provisions of the Act, the rules or the bye -laws of the society. Explanation. - -For the purpose of this rule corruption, bribery or undue influence shall have the meaning assigned to each under Section 123 of the Representation of People Act, 1951. (2) A dispute relating to election shall be preferred by the aggrieved party within forty -five days of the declaration of the result.;