A.N.Varma, J. - (1.) The petitioner is challenging the election of a Committee of Management of a Co-operative Society on the ground that the notice given by the Election Officer fixing certain date for polling is not adequate and is contrary to the provisions of the Rule 441 and other rules framed under the U. P. Co-operative Societies Act. We do not propose to give any final opinion on this issue as in our opinion all objections relating to elections of members of Co-operative Societies and the Committee of Management ought to be taken only after the elections are over within the framework of U. P. Co-operative Societies Act and the Rules framed thereunder. Rule 444-C lays down the grounds on which these elections can be challenged. Clause 3 of Rule 444-C (i) (b) provides thet elections can be challenged on the ground, Inter alia, of gross violation of the procedure laid dawn under the Act, Rules and bye-laws. In the case of Gurmel Singh v. Election Officer [Writ No. 699 of 1987] a Division Bench of this Court by its judgment dated 24-2-1987 [repotted in 1987 All LJ 1420] held as follows :- "The settled principle relating to election is that it should be conducted as early as possible according to the time schedule and all controversial matters and all disputes arising out of election should be postponed till after the elections are over to be brought up before a special tribunal by means of an election petition and not be made the subject of a dispute before any Court while the election is in progress. This principle was enunciated in N. P. Ponnuswami's case, [AIR 1952 SC 64] and approved in a number of later cases in the context of the provision of the Representation of the People Act read in the perspective of Article 329 (b) of the Constitution. This has been extended to cases where the validity of election to the municipality or Panchayat or Bar Council was challenged. [Nanhoo Mat v. Hire Mal, AIR 1975 SC 2140 ; K. K. Srivastawv. R. K. fain, AIR 1977 SC 1703 ; Ahmedabad Cotton Mfg. Co. Ltd. v. Union of India, AIR 1977 Guj. 113 (FB)]. The right to vote or stand as a candidate at the election is indisputedly not a civil right but is a creature of a statute or a special law and it must be subject to limitation imposed on it. If the kgislature entrusts the determination of matters relating to election to a special tribunal and invests it with special jurisdiction that alone ought to be invoked for enforcement of the right."
(2.) We are in respectful agreement with the above approach. Further both this Court and the Supreme Court have issued directions to the Registrar, Co-operative Societies to ensure that the elections of the Co-operative Societies and their Committees of Management are concluded latest by 31-12-1987. It will not therefore, be right and proper to interfere with the process of the election at this stage. It is because of this consideration that we decline to interfere at present.
(3.) Learned counsel submitted relying on 1958 Alld (Full Bench) page 347 and 197S AIM 491 (A Divn. Bench) whwe the illegality is patent this Court should intervene and stop the further process of election. We are unable to accept this contention In view of the special considerations mentioned above.;