JUDGEMENT
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(1.)PETITIONER by this revision petition is challenging the legality and propriety of the impugned order dated 15.11.99 passed by the Joint Registrar, Cooperative
Societies, Gwalior in revision case No. 80-66/99 under the following
circumstances:
(2.)NON -applicant No. 2 is a registered Marketing Cooperative Society. Elections of the society were to be held and the N.A. No. 1 was appointed as
Election Officer, to conduct the election. On 10.2.96, Society had 249 members,
out of which the election process was started on the basis of 247 members.
Election officer published voters list and invited objections. One Kishan Singh,
who was not a member of the non-applicant No. 2 society submitted an objection
application with list of 288 members alleging them to be included in the voters
list being members in the NA No. 2 society. Election officer illegally included
name of those 288 persons in the electrol roll. This order of the election officer
was challenged by the petitioner by filing a revision petition No. 2/96 before the
Revenue Board and Revenue Board had stayed the election. The Revision
petition was ultimately decided by the Revenue Board on 16.4.99. Thereafter
Dy. Registrar, Cooperative Societies, Bhind issued directions on 5.7.99 to the
election officer to start election process afresh on the basis of voters list, as was
made final by the election officer as per order dated 18.6.96. Against this
direction of the Dy. Registrar the present petitioner filed the revision petition
before the Joint Registrar, Gwalior with a prayer to stay the election process. But
the learned Joint Registrar has not stayed the same as per his impugned order
and therefore being aggrieved of it, the present revision petition was filed on the
ground that the learned Courts below have failed to appreciate this fact that on
the basis of voters list in which 288 such persons were included, who were not
members of the society and besides this in the non-applicant No. 2 society 157
new members were inducted upto 29.12.97 and they have not been included in
the voters list, the holding of election would be illegal. Petitioner's name does
not find place in the voters list where-as his membership No. is 234 in the register
of the NA No. 2 society. Objector Shri Kishan Singh was not a member of the
society and he had no right to raise any objection before the election officer.
I have heard the learned counsel appearing for the parties and also perused the record of the election officer. Only point that arises for our consideration is
whether the impugned order passed by the learned Joint Registrar, Gwalior
suffers with material illegality and irregularity.
(3.)IN the revision petition filed before the Joint Registrar it was averred that the election officer had invited objection on 15.6.96 and he allowed the objection
of one Kishan Singh, who submitted a list of 288 persons, who were not members
of the NA No. 2 society nor they were members of the link society comprised
within the area of NA No. 2 society. As per this revision petition there are only
8 link societies affiliated to NA No. 2 society. Each society elects a delegate to represent in the NA No. 2 society and such elected delegates form electoral
college to elect directors in the petitioner society.
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