U.P. Singh, J. - (1.) THE validity of the orders dated 11.11.1994 and 15.11.1994 redetermining the constituencies for election in the "Sahkari Ganna Vikas Samiti Limited, Ghughly," district Maharajganj, has been challenged alleging violation of the provisions of the U.P. Co -operative Societies Act, 1965 and the Rules framed thereunder. These two orders, aforesaid, are annexures 1 and 2 to the writ petition. Annexure 1 is an election programme issued on 11.11.1994 under signature of the Election Officer of the Sahkari Ganna Vikas Samiti, Ghughly, (hereinafter referred to as 'the Society'). It indicated that the areas will be reserved in accordance with the old delimitation. Annexure 2 is a notice dated 15.11.1994 indicating the names of the areas reserved and for whom was it reserved.
(2.) THE petitioner's case is that the Society had within its jurisdiction thirty constituencies. Under the bye laws of the society, each constituency is to elect a Director from the individual members. The petitioner is a resident of village Maharajganj within Bhawani (Pauharia) constituency and was a member of the Society. He was fully qualified and eligible to contest for the post of Director from amongst whom, finally, the Chairman of the society was to be elected. Final redetermination of the constituencies of the society was made on 16.7.1994, as per annexure 2, and by an order dated 30.7.1994 constituencies were kept reserved for S.C./S.T., backward classes and women. According to the petitioner, this redetermination was final and was not liable to be altered during the process of election. This order dated 30.7.1994 is annexure -4 to the writ petition. The returning officer, however, illegally issued the order dated 15.11.1994, altering the reserved constituency and, thereby, the constituency wherefrom the petitioner was entitled to contest, became reserved one and the petitioner's right to contest for the post of Director was jeopardised. The petitioner was a delegate already declared from his constituency and the results were out on 10.8.1994. It was further alleged that the notice dated 11.11.1994 redetermining the constituency was illegal. By this second redetermination the names of the constituencies were changed and since reservation was made alphabetically, according to Hindi alphabet, the constituency of the petitioner was declared reserved.
(3.) IN this writ petition, an interim order was recorded on 25.11.1994 to the effect that the election proposed to be held on 28.11.1994 for electing Directors of the society shall remain postponed till 7.12.1994. The Court also issued notice to the State. The State filed counter affidavit through the Additional Tahsildar, Maharajganj. One Sharad Kumar Singh, also filed an application for being impleaded as one of the respondents and prayed for quashing the stay order. Although no formal order of impleadment was recorded, learned counsel for Sharad Kumar Singh was heard and his application was kept on record. It was pointed out by the State in its counter affidavit that the concerned society was a notified society in terms of Section 293 of the U.P. Co -operative Societies Act and the election of the societies are conducted in accordance with the provisions of the U.P. Cooperative Societies Act and the rules framed thereunder. Rule 440(4) provides for the determination of the constituencies and it was done through a proper publication on 29.4.1994 and the constituencies were finally determined by an order dated 16.7.1994. One Sharad Kumar Singh challenged the validity of the orders dated 29.4.1994 and 16.7.1994 by means of a writ petition No. 25060 of 1994 and orders were passed on 29.7.1994 and 8.8.1994. By the first order, the Court simply directed the State to file a counter affidavit and by the subsequent order dated 8.8.1994, the Court directed that the order dated 16.7.1994 (Annexure -5 to the writ petition) shall remain stayed until further orders and the election shall continue as per schedule. The State indicated that the Court had directed the election to continue as per the schedule and at the same time had stayed the order dated 16.7.1994. The Deputy Cane Commissioner then passed an order on 28.8.1994 that the order dated 16.7.1994 having been stayed, redetermination as on 29.4.1994 shall be deemed to be the final redetermination and election would follow accordingly. The State in its counter affidavit further indicated that the election process after 8.8.1994 proceeded on the basis of the order dated 29.4.1994 and the reservations were even done on the basis of that order. Three constituencies, Sahrauna, Somararaja and Kamta, were reserved in terms of the order dated 16.7.1994, but that order having been stayed, the elections were held in terms of the reservation made earlier in accordance with the order dated 29.4.1994.;