RITU RAJ AWASTHI,J. - (1.) THIS writ petition by Ex-Chairman of the Committee of Management of District Cooperative Bank, Raebarelly (hereinafter referred to as the Bank) requires a finding from the court regarding the time gap which should necessarily be provided by the Registrar/District Assistant Registrar for holding the elections after the date of finalization of the constituencies.
(2.) THE grievance in nutshell is that the final determination of constituencies is published on a particular date and soon thereafter on the next day or within few days, the election programme is notified, which, in fact, debars every person to assail the final determination of constituencies ,even if it has not been done as per relevant Rules and may be against the directive issued by the Registrar. In such a situation, the elections are held with the said constituencies irrespective of the fact whether such constituencies have been determined in accordance with the relevant Rules and also in consonance with the directive issued by the Registrar. The elections so held cannot be said to have been held in accordance with the provisions of the Act and Rules framed thereunder, namely, U. P. Cooperative Societies Act,1965 and the Rules of 1968 (hereinafter referred to as the Act and the Rules).
(3.) THE illegality and irregularity in determining the constituencies vitiates the election but once the elections have been notified , ordinarily the petitions are not entertained by the courts with the result that lawful eligible persons are ousted from contesting the election because of such incorrect determination of constituencies including the determination of reserved constituencies. At times the determination of constituencies suffer from many other gross irregularities and illegalities but the aggrieved person becomes remedy less at least unless the elections are finally held and also thereafter at the determination of constituencies cannot be questioned in election petition or in proceedings for challenging the election under the Act and the Rules. ;