Research › Search › Judgment

Allahabad High Court · body

2014 DIGILAW 2007 (ALL)

Ishwar Singh Nirvan v. State of U. P.

2014-07-09

A.P.SAHI, VIVEK KUMAR BIRLA

body2014
JUDGMENT Amreshwar Pratap Sahi and Vivek Kumar Birla, JJ. 1. This writ petition has been filled with the prayer that the election of petitioner's Co-operative Society namely respondent No. 5 should be held only from amongst the valid members and not by the members, who had been enrolled by the Administrator. 2. The submission of the learned counsel for the petitioner is that the Administrator has no power to induct new members, as per a series of decisions. An interim order dated 3.9.2009 passed in Writ Petition No. 46865 of 2009, which had been passed by this Court after following the decisions of the Supreme Court, has been brought on record. 3. Thus, the apprehension of the petitioner is that the election, which is now to be held, in terms and direction issued by High Court on 16.1.2014 in Writ-C-No. 22915 of 2013, is likely to be held on an incorrect voter list. 4. Sri N.K. Giri who appears for the respondent No. 2 Commissioner, Election Commission U.P., Co-operative Societies and Sri Nripendra Mishra, learned counsel for respondent No. 3 Awas Vikas Parishad submit, that after direction dated 16.1.2014, elections could not be held on account of non-validity of the Rules that have now been notified on 19.5.2014. 5. Consequently the election should now be held as per the aforesaid Rules. 6. A perusal of the Rules indicates that Clause 12 requires publication of an interim voter list and Clause 13 also specifies the manner in which it has to be notified. 7. So far as the objection to such an interim voter list is concerned, provisions for disposal of any objection is provided for in Rules 34 to 36 and then Rules 37 and 38 provide for the manner of publication of final voter list. 8. We are therefore, of the opinion that it is open to any aggrieved person to file objections before the competent authority who shall decide the same in accordance with the procedure prescribed in the U.P. State Co-operative Societies Election Rules, 2014. 9. Learned counsel for the petitioner has urged that there were only 1007 members who are entitled to participate in the election and no one else. This issue shall also be considered if raised as per the rules aforesaid. 10. With the aforesaid observations the petition is disposed of.