DASHRATH SINGH Vs. SUB DIVISIONAL OFFICER
LAWS(MPH)-2000-5-58
HIGH COURT OF MADHYA PRADESH
Decided on May 05,2000

DASHRATH SINGH Appellant
VERSUS
SUB DIVISIONAL OFFICER Respondents


Referred Judgements :-

RUSTAM SINGH V. ELECTION OFFICER,VIPANAN SAHAKARI SAMITI LTD.,LAHAR AND OTHERS [REFERRED TO]
TAHSILDAR SINGH V. LAJJA RAM AND ANOTHER [REFERRED TO]
LAXMAN DHAKAD V. RAM SWAROOP AND ANOTHER [REFERRED TO]


JUDGEMENT

- (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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