Satya Poot Mehrotra, Abhinava Upadhya, JJ. - (1.) WE have heard Shri Hari Om Khare, learned counsel for the petitioner, the learned standing counsel appearing for the respondent Nos. 1 to 4 and Shri M.N. Mishra, learned counsel for the respondent No. 5, and perused the record. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, infer alia, praying for quashing the latest final voter list for the election of the Director of the Cooperative Society in question.
(2.) FROM the averments made in the writ petition, particularly, in paragraphs 14 and 15 thereof, it is evident that the election process has already started and the elections are scheduled to take place on 10.12.2012. In the circumstances, we are not inclined to exercise our Writ jurisdiction under Article 226 of the Constitution of India in the matter so as to hamper the on -going election process.
(3.) RULE 444C of the U.P. Cooperative Societies Rules, 1968 framed under the U.P. Co -operative Societies Act, 1965 lays down as under: 444C.(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.;