R.A.Sharma, J. - (1.) For election members and the Chairman of the Committee of Management of Thok Kendriya Up Bhokta Sahkari Bhandar, Aligarh (aereinafter referred to as the Society) election programme was announced vide order at 24-3-1995 by the Assistant Registrar, Co-operative Societies, according to which the 15-4-1995 (from 1 p.m to 4 p.m ) was the date for filing nominations. On the same date at 5 p.m , the list of names of of those who have filed nomination-papers, who to be published. 19-4-1995 was fixed for scruing of the nomination-papers and 21-4-1995 was the date for withdrawal of the candidature, 24-4-1995 was the date for declaration of the final list containing the names of candidates 28-4-1995 was fixed for poll and thereafter the declaration of the result. Petitioner filed his nomination paper for membership of the Committee of Management of the Society on 15-4-1995 and on the same date at about 5 p m. the Election Officer published the list of the names of the candidates who have filed their nomination papers. In this list the name of the petitioner was also there.
(2.) This Court on 10-3-1995 in Writ Petition No. 49006 of 1995 has declare cerrain rules framed under the U. P. Co-operative Societies Act (hereinafter referred to as the Act) providing for reservation for weaker sections of the society, as ultra vires. The Registrar, Co-operative Societies Vide order at 15-4-1995 postponed the election ofthe Society. The aforesaid decision of this Court was challenged before the Hon'ble Supreme Court, in which an interim stay was granted on 10-5-1995. Thereafter the Registrar issued an order dated August 4, 1995 for holding the election of the Co-operative Societies again The Deputy Registrar (Law) Co-operative Societies, U. P. Lucknow vide order dated 2-9-1995 directed for holding of the election of the Society de novo right from the initial stage. The said order was communicated by the Assistant Registrar Co-operative Societies, to the Election Officer of the Society and the District Magistrate Aligarh. Being aggrieved by the above order the petitioner has filed this writ petition.
(3.) Assistant Registrar, Co-operative Secieties, has filed counter affidavit and the petitioner has filed rejoinder affidavit in reply thereto. We have heard the learned counsel for the parties.;