LAWS(ALL)-1995-1-3

SANJEEV KUMAR Vs. ELECTION OFFICER

Decided On January 06, 1995
SANJEEV KUMAR Appellant
V/S
ELECTION OFFICER Respondents

JUDGEMENT

(1.) The two questions, namely, (i) whether the constituencies for weaker section for the purpose of election to the Committee of Management of a Co-operative Society should be reserved before the issue of notice under sub-rule (2) of Rule 441 of the U.P. Co-operative Societies Rules (hereinafter referred to as the Rules) notifying the election programme or is it open to the authorities to reserve the constituencies after the election programme has been announced; and (ii) whether it is open to the authorities to reserve the same constituencies for weaker section, which were reserved in the last election, have been raised in these petitions.

(2.) First question referred to above, is involved in all these writ petitions, whereas the second question is involved only in two Writ Petitions Nos.37886 of 1994 and 37398 of 1994. With the consent of the learned counsel for the parties Writ Petition No.376886 of 1994 has been made the leading case, the fact of which will be narrated hereinafter and the facts of other cases will be referred to only when it is found necessary.

(3.) We have heard learned counsel for the petitioners. Sri Shashi Nandan learned counsel for the Registrar, Co-operative Societies, Sri A. Kumar, learned counsel for other respondents and the learned counsel for other respondents and the learned Standing counsel. Parties have exchanged affidavits.