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2012 DIGILAW 665 (MP)

Babulal v. State of M. P.

2012-07-04

R.S.JHA

body2012
ORDER 1. Heard on the question of admission and interim relief. 2. The petitioner has filed this petition praying for a relief of a direction to the respondent authorities to decide the representation/objection filed by the petitioner, Annexure P-4, against the acceptance of certain nomination papers. The petitioner has prayed for a direction to the respondent no.2 to hold elections taking into consideration the provisions of bye-law 30 of the Society, a copy of which has been annexed alongwith the petition as Annexure P-2. 3. The case of the petitioner before this Court is that several persons, who are contesting the elections, are not qualified to do so in accordance with bye-law 30 of the Society as they have not fulfilled the requirement of bye-law 30(1) of the Society overlooking which aspect nomination papers of certain individuals have been accepted. In the circumstances, the learned counsel for the petitioner submits that the respondent authorities be directed to decide the objection regarding acceptance of nomination papers of certain individuals named in Annexure P-4 by the authority concerned before the actual election, i.e. voting which is going to be held on 8.7.2012, with a further direction to the respondent authorities to re-examine all nomination papers in accordance with the qualification and criteria prescribed in bye-law 30 of the Society. 4. I have heard the learned counsel for the petitioner at length. From a perusal of Annexure P-1 which is the election programme notified on 20.6.2012 it is apparent that the date for filing nominatios was 28.6.2012; the date for scrutiny of the nomination papers and publication of list of valid nomination was 30.6.2012 and the last date for withdrawal of the nomination papers and publication of final list of contestants and allotment of symbols was 2.7.2012. The Special General Meeting for holding the elections i.e. voting is fixed for 8.7.2012. 5. From a perusal of the programme it is also apparent that the date of filing nominations, scrutiny and withdrawal of nomination as well as for final publication of the list of contestants is over and, therefore, at this stage the respondent authorities cannot be directed to reschedule the election programme by taking up proceedings for rescrutiny of nomination papers, refinalizing the list of contestants and reallotting symbols one day prior to election. Quite apart from the above, wrongful acceptance of the nomination papers, qualification or disqualification of a candidate or violation of the provisions of the Act and the Rules are all grounds that can be taken up by the petitioner by filing an election dispute under section 64 of M.P. Cooperative Societies Act, 1960. 6. In the circumstances, on account of the fact that the final list of contestants and the allotment of symbols is already over on 2.7.2012 and the election is due to be held on 8.7.2012 as well as the ground of availability of the remedy of filing election petition after declaration of result under section 64 of the Act to the petitioner, I do not find any ground to entertain the present petition at this stage. 7. The petition is accordingly disposed of with liberty to the petitioner to take up all the aforesaid issues, in case so advised, by raising a dispute, if aggrieved, after the elections are over in accordance with the procedure prescribed by law. 8. With the aforesaid observation/liberty the petition, filed by the petitioner, stands disposed of. ...................