IMPORTANT POINT
The preparation of electoral roll of a specified Society under Maharashtra Co-operative Societies Act, 1960 is an intermediate stage in the process of election of the managing committee of a specified society. Any action against it lies to the Tribunal by way of election petition and not to the High Court by way of a writ petition.

Headnote:The Maharashtra Co-operative Societies Act, 1960-Sections 73G, 141-X and 144-T-Godawri Khore Dudh Utpadak Sangh is one of the specified societies under Section 73G of the Act-Maharashtra specified Cooperative Societies Elections to Committee Rules, 1971-Rules 4, 6, 7, 8 -Provisional list of voters and final list of voters-Specified society making preparation of the electrol roll for electing members to its Managing Committee-Whether it is an intermediate process in election? (Yes)- Objection by appellants that electoral rolls have not been prepared a finalised according to mandatory rules-Filed writ petition in High Court-High Court dismissed as there was alternative remedy for filing an election petition u/s 144-T of the Act before Tribunal-Whether Correct? (Yes)-Result-Appeal dismissed-Case law discussed.
       Held : (In the light of the Act & the Rules & decided cases by High Court)
       We are, therefore, of the view that the preparation of the electoral roll for election of the specified society kunder Chapter XIA and the Rules framed thereunder, is an intermediate stage in the process of election for constituting managing committee of a specified society. (Para 7)
       Held also : If the contention of the appellant is that there was a breach of rule or certain mandatory provisions of the roles were not complied with while preparing of the electoral roll, the same could be challenged under Rule 81 (d) (iv) of the Rules by means of an election petition. In view that, the preparation of electoral roll is part of the election process and if there is any breach of the rules in preparing the electoral roll, the same can be called in question after the declaration of the result of the election by means of an election petition before the tribunal. (Para 9)
       Held consequently : In view of our finding that preparation of the electoral roll is being an intermediate stage in the process of election of the managing committee of a specified society and the election process having been set in motion, it is well settled that the High Court should not stay the continuation of the election process even though there may be some alleged illegality or breach of rules while preparing the electoral roll. It is not disputed that the election in question has already been held and the result thereof has been stayed by an order of this Court, and once the result of the election is declared, it would be open to the appellant to challenge the election of returned candidate, if aggrieved, by means of an election petition before die election tribunal. In that view of the matter, we are in agreement with the view taken by the High Court that the appellant having an alternative remedy, the writ petition deserved dismissal. For the aforesaid reasons, we do not find any merit in the appeal. The appeal is, accordingly, dismissed. There shall be no order as to costs. (Paras 12, 13 & 14)

JUDGMENT

V.N. Khare, J.-There is a specified Society in the district of Ahmednagar known as Godavari Khore Dudh Utpadak Sangh (hereinafter referred to as the Society ). The Society is registered under the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as the Act). The society is a central society and number of other primary cooperative societies are its members and is governed by the Act and rules framed thereunder. The management of the society is run by the managing committee, the members of which are elected by the delegates of the members societies. The Chairman is elected from amongst the members of the committee of management. The term of the elected managing committee of the society was due to expire in the year 1999. The Collector, therefore, took steps for preparation of the electoral roll of the society. For that purpose, the Collector announced the programme for finalisation of the electoral roll of the society. On 4th of June, 1999, the provisional electoral roll was published. The objections against the provisional voter list were invited till 14th June, 1999, which were required to be decided by 23rd of June, 1999 and the electoral roll was to be finalised and published on 2nd of July, 1999. The State Government on 8.6.1999 passed an order under Section 73(1)(B) of the Act staying the elections in the cooperative societies in the State on account of rainy season. It was indicated in the said order that where nomination papers have not yet been filed the elections shall stand postponed till 30th September, 1999. In pursuance thereof, wireless message was sent to all the co-operative societies about the decision taken by the State Government. It appears that certain objections against the publication of the provisional electoral roll of the society was filed which allegedly was considered by the authority on 23rd June, 1999. On 29th June, 1999, the Collector, Ahmednagar informed that as per the Government order dated 8.6.1999, the election scheduled to be held stands postponed till 30th September, 1999. It appears in between time some representations were made to the State Government to exempt the society from the order dated 8th June, 1999. In pursuance of the said representations the Government of Maharashtra issued a Notification dated 30th June, 1999 making out a special case in favour of the present society and deleted its name from the Notification dated 8th June, 1999, with the result that the election for the Society which was postponed earlier was now required to take place. In view of the said Notification issued by the State Government, the authority on 2.7.1999 published final electoral roll of the members of the society. The Collector on 21st October, 1999 drew election schedule for holding election of the society. It is at this stage, the petitioners filed a petition under Article 226 of the Constitution before the High Court. It was prayed therein that the order dated 21st October, 1999 be set aside. The said writ petition was subsequently dismissed by the High Court. The petitioners thereafter preferred this appeal by means of Special Leave Petition.

2. While the appeal was pending, the election for constituting the managing committee was held but the declaration of the result was stayed by the order of this Court dated 26.11.1999.

3. Learned counsel appearing for the appellants urged that the electoral roll being substratum of the election for constituting the managing committee and the same having not prepared and finalised in accordance with the mandatory rules, no election can be held on such electoral roll and the same is liable to be set aside. Learned counsel appearing on behalf of the respondents raised an objection regarding the maintainability of the writ petition on the ground that since the election process has already commenced and inasmuch as election has already taken place, the appellants have an alternative remedy to file an election petition under Section 1144

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2001 Supreme(SC) 1333

Cases Referred (3)