K.C.Agrawal, J. - (1.) THESE three writ petitions raise common questions, hence are being decided by a common judgment. (i) Writ "Petition No. 24234 : Mastram v. Cane Commissioner of 1987 etc., has been filed for Mandamus directing the Registrar, Co-operative Can Development Unions, U. P. Lucknow to hold the elections of the Co-operative Cane Unions prior to the election of the Federation and for quashing the order dated 7-12-1987 passed by the Election Officer fixing the schedule under Rule 441 of the Rules. (ii) Writ No. 24065 of 1987: has been filed by Kripal Singh, a member of the Co-operative Cane Development Union, Moradabad for the relief out of which relief (a) is the same as claimed in Writ No. 24234 of 1987, whereas relief (b) is for quashing the order dated 10-12-1987 passed by the Registrar fixing 29-12-1987 for holding of the elections of the Committee of Management of the U. P. Co-operative Cane Union Federation (hereinafter referred to as the Federation). (iii)Writ No. 2485 of 1988 had been filed by the members of the Co-operative Cane.Union Federation, Amroha for a direction to the Cane Commissioner/Registrar, Co-operative Cane Development Union Federation, U. P. to hold the elections of the Federation after the election of the Cane Unions.
(2.) THESE three writ petitions have been filed by the members of constituency No.9, which had been demarcated under the Rules of Chapter VI of. the U.P. Co-operative Societies Act. The petitioners alleged that as the elections of the Cane Unions which were a part of the Federation had not taken place, therefore, the Election Officer could not in exercise of the power conferred under Section 441 (2) of the Rules notify 29th December, 1987 for holding of the elections of the members of the Committee of Management, Vice-Chairman and other office-bearers. It is not being disputed by the contesting respondents that the elections of all the cane unions had not been completed before 29th December, 1987. It, however, alleged that the Election Officer of the Federation issued the election schedule in accordance with Rule 441, and that out of 13 constituencies, which had been earmarked for the Federation, elections had taken place in 12 constituencies. Only constituency that was left out was constituency No. 9 comprising of Moradabad and Bijnor cane unions. The respondents further have alleged that the elections of the members of the Committee of Manage- ment of 12 constituencies were held on 29-12-1987. On the same date, the results thereof were declared. In accordance with election schedule, the election of the Vice-Chairman of the Federation was held on 31st December, 1987 in which Anand Singh had been elected as Vice-chairman. Through this petition, the petitioners sought that the elections of the Committee of Management of the Federation be deferred till the delegates of constituency No. 9 to represent the Committee of Management had not been elected. It was for this purpose that stay application was filed by Mastram in writ No. 24234 of 1987 and by Kripal Singh in writ No. 24065 of 1987. On thesis applications for stay, a Division Bench noticed the order of the Supreme Court passed in Special Leave Petition No. 5140 of 1987, Dhir Singh v. State of U. P., directing the Registrar, Co-operative Societies' to take immediate steps to hold the impugned elections by 31st December, 1987. The division bench did not grant the stay order staying the elections of the Committee of Management of the Federation fixed for 29th December, 1987 and directed: "In view of what has been stated above, we direct that though the elections of the Federation may be held on the dates already fixed and the results thereof may be declared, effect thereto shall not be given till further orders of this Court."
(3.) AGAINST the aforesaid order dated 23-12-1987, Mastram and Kripal Singh went up to the Supreme Court. Special Leave Petition (Civil) filed by Mastram was numbered as 207 of 1988. This petition along with S. L. P. No. 5140 of 1987 and 5348 of 1988 came up for orders on 17-2-1988 before the Supreme Court. The Supreme Court was not told that the elections of the Committee of Management had already taken place on 29-12-1987. It ordered : "Thereafter, the Cane Commissioner shall take immediate steps to hold the elections of the Managing Committee of the Federation and complete the same on the date specified i. e. June 15, 1988.";