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Allahabad High Court · body

2009 DIGILAW 3160 (ALL)

Gajadhar Singh v. State of U. P.

2009-09-17

PRADEEP KANT, RITU RAJ AWASTHI

body2009
JUDGMENT 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. 3. 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). 4. 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. 5. 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. 6. In this case the Registrar appeared in person and placed before the court the provisions under which constituencies are to be determined and time during which this is to be done. 6. In this case the Registrar appeared in person and placed before the court the provisions under which constituencies are to be determined and time during which this is to be done. The submission on behalf of the Registrar is that neither any provision of the Act nor any provision of the Rules mandates any time gap for issuing the election programme after determination of the constituencies nor it is essential, for the reason that final determination of constituency is done after publication of provisional constituencies against which determination objections are invited and are filed by the aggrieved persons, which are duly considered before determining the constituencies finally,which are published thereafter. Corollary to the aforesaid argument is that it is not necessary under any legal provision to give opportunity for challenging the final determination of constituency before the election are notified. 7. Sri D.K.Upadhyaya, learned Chief Standing Counsel, clarified the aforesaid argument and has submitted that under Rule 444-C(1)(b)(iii), if the result of the election has been materially affected by gross violation to comply with the provisions of the Act, Rules or Bye-laws of the Society, it can undoubtedly be a ground for seeking remedy under the provisions of the Act by getting the matter referred wherein the said determination of constituency can also be adjudicated upon, if it is established by the person aggrieved that the result of the election has been materially affected by the gross violation to comply the provisions of the Act, Rules or Bye-laws of the Society in determining the constituencies. 8. Further submission of the learned counsel for the State is that unlike the provisions of the Representation of People Act,1950, the determination of constituencies under the U.P.Cooperative Societies Act and the Rules framed thereunder in effect is a process of election itself and,therefore, challenge aforesaid can very well be maintained when the elections are over and the result has been declared. 9. Sri Raghvendra Kumar Singh,learned Senior Advocate, appearing for the petitioner submits that there cannot be any justification for allowing the election to be held on illegally and incorrectly determined constituencies and then to challenge the same by long drawn process of election petition or so to say, by getting the reference decided under the Act. 10. 9. Sri Raghvendra Kumar Singh,learned Senior Advocate, appearing for the petitioner submits that there cannot be any justification for allowing the election to be held on illegally and incorrectly determined constituencies and then to challenge the same by long drawn process of election petition or so to say, by getting the reference decided under the Act. 10. It is also urged that under the Act and the Rules, the election programme is to be notified not beyond 30 days from the date of election and at least 15 days before the date of election,meaning thereby that in all cases not necessarily 30 days notice is required for holding the elections but elections can also be notified by giving 15 days time and,therefore, there cannot be any urgency for the District Assistant Registrar to delay the process of determination of constituencies and then the moment final determination is made, to issue the election programme,of course, subject to minimum statutory period provided from the date of election. 11. In the instant case, earlier a different date was fixed for holding the elections which was postponed and on 1st June,2009, 5th and 6th October,2009 have been fixed for the purpose.. 12. It is apparent that the Registrar had made up his mind to hold the election aforesaid on 1st June,2009 and has also declared the date as 5th and 6th October,2009 for the election of Members,Chairman and Vice Chairman of the Committee of Management, respectively. 13. The provisional determination of constituencies was done on 19th August,2009 but the final determination of constituencies have not yet been done. 14. The petitioner apprehends that soon after the determination of final constituencies, the election programme will be notified, as minimum 15 days notice is required before the date of poll. The Cooperative Society for whom the elections are to be notified and conducted can mainly be classified as under, under the Act. (1).Apex level society; (2) Central Society; and (3) Primary Societies. The Apex Society i.e. apex level society or State level Co-operative society is given in section 2(a-4), which means - (1) U.P.State Cooperative Land Development Bank Ltd.,Lucknow (2)U.P.Cooperative Bank Ltd.,Lucknow. (1).Apex level society; (2) Central Society; and (3) Primary Societies. The Apex Society i.e. apex level society or State level Co-operative society is given in section 2(a-4), which means - (1) U.P.State Cooperative Land Development Bank Ltd.,Lucknow (2)U.P.Cooperative Bank Ltd.,Lucknow. (3)U.P.Cooperative Federation Ltd.,Lucknow; (4)Pradeshik Cooperative Dairy Federation Ltd.,Luckow; (5)U.P.Cooperative Union Ltd.,Lucknow; (6)U.P.Upbhokta Sahkari Sangh Ltd.,Lucknow; (7)U.P.Cooperative Sugar Factories Federation Ltd.,; (8)U.P.Cane Unions Federation Ltd.,Lucknow; (9)U.P.Industrial Cooperative Association Ltd.,Kanpur; or (10)any other central society fulfilling the following conditions:- (i) it includes in its membership at least one other central cooperative society in the same line of business or trade; and (ii) its area of operation covers the whole of Uttar Pradesh; and (iii) its primary object is to facilitate the operation of the cooperative societies affiliated to it as ordinary members. 15. The 'central society' is defined in section 2( d-1) which means a cooperative society, which has any other cooperative society as its ordinary member and is not a primary cooperative society. 'Primary Society' is given in section 2(q-1), which means a cooperative society ordinary membership whereof is not open to any other cooperative society. 16. The elections for the cooperative societies are governed by Chapter XXIX of the Rules, which has the heading 'Rules for election in cooperative societies' wherein Part I deals with post registration meeting and election, Part II with election rules in respect of societies, Part III is for the constitution of Committee of Management in case of amalgamation, division and supersession and other contingencies. Part IV lays down the additional election rules in respect of cooperative societies. 17. The scheme of election of the Committee of Management and the determination of constituencies and notification of the election programme etc. can more elaborately be understood by considering the following provisions of the Act and the Rules. 18. Section 29(1) of the U.P. Co-operative Societies Act, 1965 says that the Management of every Co-operative Society shall vest in a Committee of Management constituted in accordance with this Act, the rules and the bye-laws, which shall exercise such powers and perform such duties as has been conferred or imposed by this Act, the rules and the bye-laws. 19. 18. Section 29(1) of the U.P. Co-operative Societies Act, 1965 says that the Management of every Co-operative Society shall vest in a Committee of Management constituted in accordance with this Act, the rules and the bye-laws, which shall exercise such powers and perform such duties as has been conferred or imposed by this Act, the rules and the bye-laws. 19. Besides prescribing the term of Committee of Management sub-section (3) of Section 29 provides that election to reconstitute the Committee of Management of a Co-operative Society shall be completed in the prescribed manner under the superintendence, control and direction of the Registrar at least fifteen days before the expiry of the term of the Committee of Management and the members so elected shall replace the Committee of Management whose term expires under sub-section (2). 20. Sub-section (3) aforesaid vests power in the registrar to hold the election under his superintendence, control and directions. The provision is somewhat analogous to the provisions of Article 324 of the Constitution. The Registrar has thus been conferred the powers of superintendence, control and directions and his directions are binding in the conduct of elections which are to be held in accordance with the manner prescribed which means as prescribed by rules as given in Section 2(q) 21. For holding the election, constituencies have to be determined and seats have to be allocated to each constituency. Determination of constituencies, seats allocation and reservation of seats has to be done under the provisions of U.P. Co-operative Societies Act, 1968 (hereinafter referred to as 'the Act') and the Rules framed thereunder, which govern the election. 22. Part III of the Rules is regarding the constitution of Committee of Management in case of amalgamation, division and supersession and other contingencies whereas Part IV are Additional Election Rules in respect of Co-operative Societies (hereinafter referred to as the Rules). 23. 22. Part III of the Rules is regarding the constitution of Committee of Management in case of amalgamation, division and supersession and other contingencies whereas Part IV are Additional Election Rules in respect of Co-operative Societies (hereinafter referred to as the Rules). 23. Rule 439(1) of the Rules provides that notwithstanding anything contained in the bye-laws, the election of any Co-operative Society or societies or class or classes of Co-operative Societies shall be held in accordance with the provisions of the Act and the Rules and the District Magistrate of the district in which the headquarter of the society is situate shall take steps to hold the elections on the appointed date and for this purpose the services of any Government servant or official may be requisitioned by him Rule 439 (2) of the Rules, provides that the election in a Co-operative Society or societies or a class or classes of Co-operative Society shall be held on such dates or dates as the Registrar may be order fix and the District Magistrate concerned shall on such dates being so fixed appoint by order, one or more Election Officers or different Election officers or different class or classes of societies or for different areas for this purpose provided that no officer or the Department which is concerned with the management and administration of the society shall be appointed as Election Officer. 24. Rules 439 in sub-clause (3) provides that the election of any Co-operative Society or societies or class or classes of Co-operative Societies shall be held in accordance with the provisions of the Act and the Rules. The District Magistrate has been empowered to conduct the elections on the date or dates fixed by the Registrar, by taking assistance of the services of any Government Servant or official which is needed for holding the elections including appointment of election officers. 25. The District Magistrate has been empowered to conduct the elections on the date or dates fixed by the Registrar, by taking assistance of the services of any Government Servant or official which is needed for holding the elections including appointment of election officers. 25. Rule 440(4) to (8) of the Rules, which is relevant for the question engaging attention of this Court is as follows: "(4) For purpose of election of members of Committee of Management of a Co-operative Society, or as the case may be, of delegates to general body of a Co-operative Society, the Registrar shall, notwithstanding anything contained in the bye-laws of the society, before the issue of notice under sub-rule (2) of the Rule 441 for election of a Co-operative Society or, as the case may be, of a class of Co-operative Societies determine provisionally: (a) the number of constituencies in which the area of operation of the society shall be divided; (b) the extent of area of each constituency; (c) the total number of seats allotted to each constituency; (d) the number of seats reserved for weaker section. (5) The Registrar shall thereupon publish in a local newspaper, the provincial determination made under sub-rule (4) for inviting objections within seven days from the date of such publication. A copy thereof shall also be sent to the concerned society for its comments. (6) The criteria for determination of constituency may be any one or more of the following, namely: (i) revenue area or areas; (ii) class or classes of membership; (iii) other rational basis in relation to area of operation of society; Provided that the unit of determination in case of primary agricultural credit society shall as far as possible be one or more Gaon Sabhas falling in the area of operation of the society. (7) The objections and comments received under sub-rule (5) shall be considered by the Registrar on the thirteenth day of such publication and thereafter he shall finally determine the constituencies, total number of seats and the number of seats reserved for the weaker section as referred in clauses (a) to (d) of sub-rule (4). (8) The final determination of the constituencies under sub-rule (7) shall be published in the local news paper on the fourteenth day of such publication and a copy thereof shall be sent to the society concerned and the District Magistrate concerned." 26. (8) The final determination of the constituencies under sub-rule (7) shall be published in the local news paper on the fourteenth day of such publication and a copy thereof shall be sent to the society concerned and the District Magistrate concerned." 26. Sub-clause (4)(a) aforesaid enjoins duty upon the Registrar to provisionally determine the number of constituencies in which the area of operation of society is divided. Sub-clause 4(b) provides determination of the extent of area of each constituency. Sub-clause 4(c) requires determination of total number of seats allotted to each constituency and sub-clause 4(d) provides for determination of total number of seats reserved for weaker section. This has to be done by the Registrar before issuance of notice under Rule 441(2) of the Rules. 27. Sub-clause (6) of Rule 440 enumerates the criteria for determination of constituency and gives discretion to the authority to adopt either one or more criteria for the purpose. Under sub-rule (5) of Rule 440 of the Rules objections are invited by the Registrar against the provisional determination made under sub-rule (4) within seven days from the date of such publication making it imperative to send copy of the provisional determination to the concerned society for its comments. 28. Combined reading of sub-rules (4), (5) and (6) of Rule 440 establishes that while making provisional determination of the number of constituencies in which the area of operation of the society shall be divided, the extent of each constituency, the total number of seats allotted to each constituency and number of seats reserved for weaker section, the Registrar has to keep in mind the guidelines issued in sub-rule (6) which provides that the criteria of determination of the constituency has to be reasonable and on the basis of the guide lines given in sub-clause (i), (ii) and (iii) of sub-rule (6). On objections being filed, the Registrar has to consider those objections under sub-rule (7) on thirteenth day of such objection and then he shall finally determine the constituencies, total number of seats and the number of seats reserved for the weaker section as referred in clauses (a) to (d) of sub-rule (4). 29. On objections being filed, the Registrar has to consider those objections under sub-rule (7) on thirteenth day of such objection and then he shall finally determine the constituencies, total number of seats and the number of seats reserved for the weaker section as referred in clauses (a) to (d) of sub-rule (4). 29. Under sub-rule (8) of Rule 440 of the Rules, final determination of the constituencies, total number of seats and the number of seats reserved for weaker section has to be published in local news paper on the fourteenth day of such publication and copy has to be sent to the society concerned and the District Magistrate concerned. 30. The whole scheme of Rule 440 not only gives a detailed procedure for determination of the contingencies, extent of the area of constituency, total number of seats and number of seats reserved for the weaker section but also makes it obligatory upon the Registrar to follow the criteria of determination of the constituency as given in sub-rule (6) of Rule 440 and thus to determine the seats on a reasonable basis. 31. The right to file objections against proposed or provisional determination of the constituencies etc. has been provided to the society as well as to aggrieved persons and the said right being statutory right has to be availed by the society as well as by the aggrieved persons and if objections are filed they have to be considered and decided by the Registrar, keeping in view the rationality of the objections and determination so made in the provisional determination. The significance of the right to file objection in the aforesaid matter is also evident by the fact that the aforesaid provision does not simply allow time to file objection, namely statutory period that is seven days but also prescribes fixed statutory date for consideration of the objections so filed under sub-rule (7) and also the date of publication of the final determination under sub-rule (8) 32. Rule 441 of the Rules, 1968 casts a duty upon Election Officer to notify in the Local news paper the date of election for class or classes of society or of a group or groups of Co-operative Societies of any area or areas of his jurisdiction. 33. Rule 441 of the Rules, 1968 casts a duty upon Election Officer to notify in the Local news paper the date of election for class or classes of society or of a group or groups of Co-operative Societies of any area or areas of his jurisdiction. 33. Sub-Rule (2) provides that Election Officer shall give notice of not more than thirty days but not less than fifteen days from the date of poll intimating the programme of election as specified in sub-rule (3). Sub-rule (3) of Rule 441 provides that the Election Officer shall display at the notice board of the society the following programme of election- (i) the date for display of provisional voters' list. (ii) the date, time and place for filing objections and their disposal. (iii) the date for display of final voters' list (iv) the date, time and place for filing nominations. (v) the date, time and place of scrutiny of nominations. (vi) the date, time and place for withdrawal of nominations. (vii) the date, time and place for allocation of election symbols and display of final nominations. (viii) the date, time and place of poll. Provided that the place of poll shall be the office or headquarters of the society unless for reasons to be recorded by the Election Officer it may be some public place as near the office or headquarter of the society as may be possible and notified in the programme of notice; Provided further that in case of election of delegates of society, members as mentioned in sub-rule (4) of Rule 84-A, the place of poll shall be any public place in addition to officer or headquarters or branch of the society, as determined by Election Officer. (ix) the place at which voters' list can be inspected by any voter. (x) the names of the contingencies including reserved constituency and the number of persons to be elected. 34. Thus, determination of constituencies, allotment of seats to each constituency, extent of the area of each constituency, the total number of seats allotted to each constituency and the number of seats reserved for weaker section are the steps which are to be taken before issuance of election programme and that is why complete code had been prescribed under the rules for giving adequate opportunity to the person concerned in proceeding in the matter of determination of the constituencies etc. for the purpose of holding election." 35. Rule 407 which fall under Part II Chapter XXIX of the Rules, under the sub-heading 'Election of the Society' casts a duty upon the Registrar to reconstitute the new Committee of Management in accordance with the provisions of the Act, Rules and Bye-laws before the expiry of the term of elected Committee of Management of any cooperative society. It also casts a corresponding duty upon the Secretary or the Managing Director of the Society to inform four months prior to the date of expiry of the term of elected Committee of Management, to the District Assistant Registrar, Cooperative Societies of the district in which the registered headquarters of the society is situated or the officer authorised by the Registrar for such purpose for a class or classes of societies, in writing about the date on which the term of the elected committee of management of the society is to expire with the request to determine the constituencies,provided that in case of primary cooperative societies, the District Assistant Registrar, Cooperative Societies or authorised officer shall determine the constituencies in the manner prescribed in rule 440 before the declaration of the election programme, and in case of societies other than primary societies, the constituencies shall be determined by the Deputy Registrar, Cooperative Societies of the division or the authorised officer in whose jurisdiction the headquarters of the society is situate. 36. The aforesaid Rule requires the Secretary or the Managing Director of the society to make a request four months before the expiry of the term to the District Assistant Registrar for holding the election, which provision specifically requires for making a request for determining the constituencies. 37. Laying down a period of at least four months before the expiry of the term of the Committee of Management for approaching the District Assistant Registrar with the request to hold the election of Committee of Management is with a purpose. The elections to the cooperative society are to be held in accordance with the provisions of the Act and the Rules. Determination of constituencies obviously is to take some time, coupled with the fact that there may be other relevant factors also,which may not make it possible for holding of the election of the Committee of Management within a shorter period than four months that such a period has been prescribed. 38. Determination of constituencies obviously is to take some time, coupled with the fact that there may be other relevant factors also,which may not make it possible for holding of the election of the Committee of Management within a shorter period than four months that such a period has been prescribed. 38. It is hereby noticed that dates of election were notified on 1st June,2009, determination of provisional constituencies was done on 19th August,2009 and the same have not been determined finally till the filing of the writ petition,though the dates of election are fast approaching. 39. The scheme of the Act and the Rules though do not lay down any requirement of reasonable gap between the date of publication of final constituencies and the date of notifying the election programme but still there would be little justification for not determining the constituencies finally and publishing them within a reasonable period when the dates of election have been notified and to finalize them only on the eve of notifying the election programme,unless there are some good and cogent reason for the same. 40. In the instant case, the election process would come to an end within a span of only six weeks or so,counting from the date of publication of provisional constituencies till the constitution of the Committee of Management by holding election on the date fixed i.e. 5th and 6th October,2009. This obviously cannot be the purpose for providing four months time for making a request for determining the constituencies by the District Assistant Registrar. 41 .Having said so,it cannot be overlooked that the Act or the Rules do not prescribe any such requirement as such time gap for the obvious reason that the elections notified should not be hampered or allowed to be obstructed to at every stage of the proceedings. 42. It is always the endeavour of the court that the elections once notified should be allowed to be conducted and completed without any interference unless exceptionally required, as the aggrieved party has every right to challenge the elections after they are over. 43. Rule 408 says that for the determination of the constituencies the Secretary of the society or the Managing Director, as the case may be, shall make available all such informations or facts which are required by the District Assistant Registrar or Divisional Joint Registrar or Divisional Deputy Registrar, Cooperative Societies or the authorised officer. 43. Rule 408 says that for the determination of the constituencies the Secretary of the society or the Managing Director, as the case may be, shall make available all such informations or facts which are required by the District Assistant Registrar or Divisional Joint Registrar or Divisional Deputy Registrar, Cooperative Societies or the authorised officer. 44. This means that the determination of the constituencies has to be done by the District Assistant Registrar or the Divisional Joint Registrar or by the authorised officer and not by the election officer. 45. Rule 413 casts an obligation upon the District Assistant Registrar or the authorised officer to make available the District Magistrate, the list of the societies the term of the Committee of Management or which is due to expire, one hundred and twenty days before the expiry of the term and to request to appoint Election Officer for election in the concerned societies. 46. The District Magistrate of the district where the headquarters of the society is situate,shall on the request of the District Assistant Registrar or the authorised officer,appoint a government servant(not being an officer of the Department which is concerned with the supervision and administration of the society concerned) as Election Officer to hold election of the members of the Committee of Management, Chairman, Vice-Chairman and delegates to other societies, on the dates fixed for election. It shall be the duty of the Election Officer to hold and conduct election in the manner laid down in the Act, these rules and the bye-laws of the society. 47. It shall be the duty of the Election Officer to hold and conduct election in the manner laid down in the Act, these rules and the bye-laws of the society. 47. On a close reading of the aforesaid provisions, it transpires that the Secretary or the Managing Director of the Society, as the case may be, under Rule 407, is legally obliged to inform the District Assistant Registrar, four months prior to the date of expiry of the term of the Committee of Management for reconstituting the new Committee of Management in accordance with the provisions of the Act, rules and bye-laws of the society with a specific request that the constituencies may be determined,which shall be determined in the manner prescribed in Rule 440 before the declaration of the election programme and in accordance with Rule 413 the District Magistrate has to be forwarded a list of the societies , the term of the Committee of Management, which is due to expire by the District Assistant Registrar 120 days before the expiry of the term with a request to appoint Election Officer for election in the concerned societies. This time of 120 days, which is four months, is the same period during which the Secretary of the Managing Director has to inform the District Assistant Registrar under Rule 407 for holding the elections. 48. Thus, the appointment of the Election Officer and the request of the District Assistant Registrar for holding the elections, both have to be done four months before the date of expiry of the term. The Election Officer so appointed conducts the election and issues necessary election programme notifying the dates for class or classes of societies or of a group or groups of cooperative societies of any area or areas of his jurisdiction under Rule 441 giving notice of not more than 30 days but not less than 15 days from the date of poll intimating the programme of election, as specified in sub-rule(3) to the members, as given in sub-rule (2).. 49. For determining the constituencies, the provisions of Rule 440, sub-rule (4) are relevant. 49. For determining the constituencies, the provisions of Rule 440, sub-rule (4) are relevant. The aforesaid rule and its various sub-clauses give the manner and the criteria for determining the constituencies and also the period during which objections are to be invited and the specified day on which the final publication of the constituencies shall be made and the publication in the local newspaper. 50. The scheme under the aforesaid Rule requires the Registrar to publish in local newspaper the provisional determination made under sub-rule (4)for inviting objections within 7 days from the date of such issue. The objections and comments received under sub-rule(5) are to be considered by the Registrar on the 13th day of such publication and thereafter final determination of such constituencies , as referred to in clauses (a) to (d) of sub-rule(4) is to be published in the local newspaper on the 14th day of such publication. 51. After the determination of final constituencies, as aforesaid, notice under sub-rule (2) of Rule 441 can be issued by the Election Officer. There is an embargo placed under sub-rule (4) of Rule 440 which does not permit the issuance of notice under Rule 441 for election of cooperative societies unless the constituencies are finally determined and published. 52. After the publication of final determination of constituencies duly published, the Election Officer has to notify the election programme giving notice, maximum of 30 days and minimum of 15 days. 53 The question that arises for consideration is that even though the Act and Rules do not prescribe any statutory period should lapse before the election programme is notified from the date of final publication of constituencies,whether the action of the Registrar or District Assistant Registrar or any authorised officer not to determine the constitutes finally within a reasonable interval and determining them on the eve of election programme is in consonance with the scheme of the Act and the Rules. 54. The determination of constituencies in the mater of election of a cooperative society of the specified nature has got its own value and relevance. There are cooperative societies in which there are only ordinary members whereas there are also cooperative societies which has individual members and sympathizer members. In Central Cooperative Societies, Primary Cooperative Societies are the members and likewise in the apex level societies, its members have been defined. There are cooperative societies in which there are only ordinary members whereas there are also cooperative societies which has individual members and sympathizer members. In Central Cooperative Societies, Primary Cooperative Societies are the members and likewise in the apex level societies, its members have been defined. Determining constituencies for weaker sections and for reserved categories also forms part of the said exercise. If the constituencies are not legally and properly determined in accordance with the provisions of the Act and the Rules, the elections are to be invalidated. 55. It, therefore, requires consideration by the Registrar/District Assistant Registrar or any authorised officer to determine finally the constitutes and publish them within a reasonable time so that if a constituency is found to be determined not in consonance of the provisions of the Act, the remedy, as may be available, may be resorted to, of course, as far as possible, without disturbing the election programme and without causing any hindrance so as to postpone the elections. 56. Under sub-clause (1) of Rule 441 the Election Officer is to notify in the local newspaper the date or dates for class or classes of societies or of a group or groups of cooperative societies of any area or areas of his jurisdiction and sub-clause (2) gives discretion to the Election Officer to give notice of not more than 30 days but not less than 15 days from the date of poll intimating the programme of election. This means that the Election Officer must be possessed of the list of finally determined constituencies atleast some time before 30 days when he intends to fix the date of elections . In case the constituencies are not determined prior to the period of not less than 30 days , the Election Officer would have no discretion to announce the election programme of giving not more than 30 days notice. The rules do not give any discretion to the Registrar or District Assistant Registrar or any authorised officer who is responsible for determining the constituencies to determine them so late so that the discretion of the Election Officer of issuing election programme in terms of clause (2) of Rule 441 is curtailed. The rules do not give any discretion to the Registrar or District Assistant Registrar or any authorised officer who is responsible for determining the constituencies to determine them so late so that the discretion of the Election Officer of issuing election programme in terms of clause (2) of Rule 441 is curtailed. The discretion to issue election programme giving 30 days notice or notice of lesser days is entirely of the Election Officer and the authorities who are entrusted with the work of determination of constituencies have no discretion to delay the determination of constituencies so as to affect the discretion of the Election Officer, as observed above. This requires determination of the constituencies in a manner and at a time which does not in any way affect the discretion of the Election Officer for announcing the dates of election /polling. In case any other interpretation is given to the aforesaid rule, it will make the maximum period of 30 days notice absolutely redundant, as the Election Officer cannot issue the election programme unless he is having the list of finally determined constituencies. 57. No person or member has any fundamental right to contest the election and it being a statutory right can be taken care of under the statutory provisions. The scheme of the Rules gives sufficient opportunity to file objections against the provisional determination of the constituencies and once those objections are considered and decided and final determination of the constituency is done, it is not necessary under the Rules to provide one more opportunity to the aggrieved or dissatisfied person or member to allow him to re -agitate the determination of constituencies afresh in a court of law. 58. If the intention of the legislature had been that opportunity after final determination of constituencies need be given again, there would have been some provision in that regard under the Act and the Rules. There being no such provision, the action of the District Assistant Registrar or the Election Officer in notifying the election programme by giving statutory period notice cannot be lightly interfered with under Article 226 of the Constitution,unless. of course, the said action is per se perverse and arbitrary and against the Rules. There being no such provision, the action of the District Assistant Registrar or the Election Officer in notifying the election programme by giving statutory period notice cannot be lightly interfered with under Article 226 of the Constitution,unless. of course, the said action is per se perverse and arbitrary and against the Rules. 59 It also cannot be ignored that in the matter of elections, it is one party or the other, who always is dissatisfied at every stage of election and,therefore, such a plea regarding the apprehended miscarriage of justice while determining the final constituencies ignoring objections made by the aggrieved persons cannot be a ground for laying down a law that what period should be allowed to intervene from the date of final determination of constituencies and publication of election programme by the Election Officer. 60. The elections, once notified, are required to be completed at the earliest. The non-holding of election results into appointment of Administrator/Committee of Administrator, and continuance thereof, some times for reasonably long period, which again stalls reconstitution of the elected Committee of Management. The elections under the Act and the Rules are to be conducted in accordance with the statutory provisions keeping in mind the whole scheme of the Act and also that of the Rules. 61. There being no bar like Article 329 of the Constitution in the matter of elections to the Assembly and Parliament, the High Court would not be bereft of its discretion in entertaining a petition against determination of constituencies at any time on consideration of facts and circumstances of each case. Not challenging the determination of constituencies by separate proceedings in a writ petition before the election takes place would not deprive any person aggrieved for filing the election petition challenging the same by raising a challenge to the election already held. 62. The elections held in gross violation of the provisions of the Act and the Rules or the Bye-laws of the Society can be challenged by means of election petition. The determination of constituencies in the scheme of the Act and the Rules can also be seen in the election petition, as it goes without saying that illegal or arbitrary determination of constituencies would obviously be a gross violation of the provisions of the Act and the Rules and,therefore, there would be no bar for challenging the same. 63. The determination of constituencies in the scheme of the Act and the Rules can also be seen in the election petition, as it goes without saying that illegal or arbitrary determination of constituencies would obviously be a gross violation of the provisions of the Act and the Rules and,therefore, there would be no bar for challenging the same. 63. On interpretation and giving true meaning to the aforesaid rules, no mandamus can be issued prescribing a specified period for determining the constituencies or so to say, for publishing the final constituencies before a particular period from the date of notifying the election programme but we do observe that it is for the Registrar/District Assistant Registrar or the authorised officer and all those who are concerned to ensure that the final determination of the constituencies is done and communicated to the District Magistrate/Election Officer at the earliest and in any case at a point of time which does not curtail the discretion of the Election Officer to fix the election programme by giving 30 days clear notice,which is the maximum period prescribed under the rule and not to keep the determination pending till the last moment. 64. With the aforesaid observations, the writ petition is dismissed.