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2024 DIGILAW 571 (ALL)

Ram Janam Mishra v. State of U. P.

2024-02-23

ANJANI KUMAR MISHRA, JAYANT BANERJI

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JUDGMENT : 1. Heard Shri H.R. Mishra, learned Senior Advocate for the petitioner, Shri Narendra Kumar Giri for the U.P. State Cooperative Election Commissioner, Shri Shiv Nath Singh and learned Standing Counsel for the respondents. 2. At the very outset, a preliminary objection has been raised by Shri Shiv Nath Singh regarding maintainability of the writ petition. He has submitted that the election process has already commenced and that voting to elect the Committee of Management of the District Co-operative Federation Ltd. Nadesar, Varanasi is to be held tomorrow. 3. It is settled law that once the election process has been set in motion after the notification for holding elections has been issued, the Court should not interfere so as to stall the election. Reliance has been placed upon paragraph 11 of the decision of this Court in Ramkant Singh and Others vs. State of U.P. and Others, 2005 (3) AWC 2477 . 4. Shri H.R. Mishra, learned Senior Advocate appearing for the petitioner has filed a supplementary affidavit in Court, which is taken on record. He has submitted that the electoral college has been wrongly determined including within it delegates of newly added Societies, which Societies come to the inducted by an interim Committee of the Federation. It is settled law that an interim committee had no power to induct new members. 5. In support of this contention reliance has been placed upon an order dated 23.03.2018 passed by the Lucknow Bench in Ram Ji Mishra vs. State of U.P. through Principal Secretary Cooperation and Others, which in turned takes note of three other judgments mentioned, therein. 6. It is submitted that it is admitted to the parties that certain delegate members for a part of the electoral college who have been culminated by the societies, which were indicated into the federation by the Interim Management Committee, thereof. 7. Since the electoral college has been wrongly determined the elections cannot be permitted and this Court is liable to interfere. 8. In response to the preliminary objection raised by Shri Shiv Nath Singh, Shri H.R. Mishra has relied upon the decision in Banwari Lal Kanchal vs. Dr. Bhartendu Agarwal, 2019 (12) ADJ 235 , especially paragraphs 70 to 71. The said paragraphs are extracted below: “70. 8. In response to the preliminary objection raised by Shri Shiv Nath Singh, Shri H.R. Mishra has relied upon the decision in Banwari Lal Kanchal vs. Dr. Bhartendu Agarwal, 2019 (12) ADJ 235 , especially paragraphs 70 to 71. The said paragraphs are extracted below: “70. We have examined the judgments relied upon by the learned counsel for the appellant in regard to the maintainability of writ petition of initiation of election process by finalizing the electoral college. The law is very much settled that the writ petition under Article 226 of the Constitution of India to interfere in the election process, ordinarily is not maintainable when there are disputed question of facts and the remedy is to avail civil suit after holding of election. We are with the full agreement that ordinarily election process should not be interfered with, but in the facts and circumstances of the present case, the learned Single Judge has recorded finding that the appellant-respondent has not been enrolled as member as the provision contained under the registered bye-laws laws of the society. If the members who have been permitted to participate in the election found their induction to be in utter disregard of the provisions contained under the registered bye-laws of the society and they are not able to establish their induction in consonance with the provisions of the bye-laws, it is always open to this Court in exercise of discretionary power under Article 226 of the Constitution of India to examine the issue of membership and holding of election on the basis of members who are not legally enrolled as members. 71. In view of the provisions contained under the registered bye-laws of the society and in absence of material to establish their induction as members, we are with the full agreement of the finding returned by the learned Single Judge in this regard. We further hold that the electoral college is the essence of an election. The Deputy Registrar without considering the provisions contained under the registered bye-laws of the society, has proceeded to hold four members to be valid members of the general body of the society, therefore, the finding returned in this regard is perverse in nature and contrary to the provisions contained under the registered bye-laws of the society. The Deputy Registrar without considering the provisions contained under the registered bye-laws of the society, has proceeded to hold four members to be valid members of the general body of the society, therefore, the finding returned in this regard is perverse in nature and contrary to the provisions contained under the registered bye-laws of the society. Once this Court, upon consideration of the point, came to conclusion that members who are going to participate in the forthcoming election are not legally enrolled members, it is open to this Court to interfere in the election process, if the finalization of members who have to participate in the election is found to be not in consonance with the provisions of the registered bye-laws of the society.” 9. The afore-noted judgment was rendered in a writ petition, which was directed against an order passed by the Deputy Registrar Firms Societies and Chits, Lucknow, whereby he had finalized the list of Members of a Registered Society and notified the election schedule for holding fresh elections thereto, in exercise of power conferred by Section 25(2) of the Societies Registration Act. 10. It would be relevant to note that a dispute of membership in a registered society is required to be decided by means of a civil suit, which by itself is a long drawn process. This reason, by itself, might have weighed upon the Court to take the view, which is being canvassed by learned counsel for the petitioner. The election which has been notified and the election process that has been set in motion is for holding an election in accordance with the provision of the Co-operative Societies Act. 11. Although, it is not being disputed that the electoral college consists also of delegates of Co-operative Societies, who were inducted into the Federation by an interim committee of management and that such delegates would prima-facie not be eligible to participate in the election, yet, since the election process has been notified and the election itself is set to be fixed for tomorrow and the election results are to be declared on 28.02.2024, we do not consider it a fit case for interference. 12. The Court therefore, declines to interfere at this stage leaving it open for the petitioner, in case aggrieved, to challenge the election itself after the election result has been declared on the ground that the electoral college was improperly determined. 13. 12. The Court therefore, declines to interfere at this stage leaving it open for the petitioner, in case aggrieved, to challenge the election itself after the election result has been declared on the ground that the electoral college was improperly determined. 13. It is also expected that in case such an election petition is filed, the same shall be decided as expeditiously as possible. 14. The writ petition stands dismissed at this stage subject to the observations made herein above.