JUDGEMENT
-
(1.) The petition seeks for a mandamus direction to quash the election with the list of members/voters what is attached to the annexure P-15. The electoral process which was challenged, was an election that was to be held on 18th October, 1999 to the Managing Committee of the Varpal Cooperative Agricultural Service Society Limited, Tehsil and District Amritsar. The election appears to have been held but the results were directed to be not declared by interim orders of this Court.
(2.) While the petitioners would seek for audience of the Court to urge how the electoral process was vitiated that compelled the petitioners to seek intervention of the Court, the respondents are interested in contending that the petition itself is not maintainable and there was a procedure for challenging the election through an election petition, if the election had been concluded and it was found to be vitiated in any manner.
(3.) I decline to go to the merits of the contentions raised by the parties as contended by them as it is a meaningless exercise in a situation where the period of office, which the elected members would have carried on has already expired. It shall also be impermissible to allow for the election result to be announced for the officers to be declared as elected to continue the office from the date when the Court passes the order. Even if it were to be found that the petitioners contention was worthy of acceptance and the election process was vitiated in any manner, the order of stay and the inability to declare results within the period of five years literally made the entire exercise irrelevant for examining the contention of either of the parties. I dismiss the petition as having become infructuous.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.