Election processes should not be interrupted after commencement, emphasizing the importance of expediency and the definitive preparation stages of electoral rolls.

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JUDGMENT :

VIBHU BAKHRU, C.J.

1. The appellants have filed the present appeal impugning an interim order dated 01.08.2025 passed by the learned Single in Writ Petition No.22553/2025.

2. Respondent Nos.1 to 7 – claiming to be aspirants of membership of appellant No.1 and desirous of contesting the elections of office bearers of the governing body of appellant –have preferred the said petition inter alia praying as under:

"a) Issue a writ in the nature of certiorari quashing the notice Annual General Meeting and calendar of events dated 14-07-2025 published by the Returning Officer i.e., the Respondent No.3 herein, vide Annexure-R.

b) Issue the writ in the nature of mandamus directing the Respondent No.3, 4 & 5 to conduct the election of respondent No.4 after complying with the direction contained under the order dated 28-05-2025 passed in W.A No.280/2025 C/W 234/2025 updating the voters list as per the direction of the Respondent No.2 in his communication dated 03-01-2022, vide Annexure-C c) Pass such other order/s as may be this Hon'ble Court deems fit under the facts and circumstances of the case, to meet the ends of justice and equity."

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3. Respondent Nos.1 to 7 are hereafter referred to as the Petitioners. The petitioners claim that they are eligible to be members of the appellant No.1 society and it is necessary that all applicants who are eligible to become members of the appellant society be enrolled before the electoral roll is prepared and elections to the governing body of the appellant society is conducted. On the aforesaid basis, the petitioners also sought interim orders for interdicting the election process that had commenced.

4. The learned Single Judge has granted the interim order dated 01.08.2025, which is impugned in this appeal. The operative part of the impugned order reads as under:

"(a) The Returning Officer may continue to receive the nominations but there shall be no further action.

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(b) The Registry is directed to tag these writ petitions along with the Contempt Petition in CCC No.814/2025 and liberty is reserved to the petitioners in the writ petition in W.P No.22553/2025 to move the Division Bench for listing of these petitions along with the contempt proceedings provided they file the second set of the petitions and the Statement of Objections."

5. It is clear from the above, the learned Single Judge has interdicted the elections, which had commenced. The dispute between the parties essentially relates to non-inclusion of certain persons as members of the appellant-society. The petitioners are essentially aggrieved by non-inclusion of certain persons who had expressed their willingness to become members of the society in the electoral roll.

6. The present litigation has a checkered history. Prima facie, there is essentially a contest between certain group of persons for control of the appellant society. The Petitioners had approached the District Registrar of Co-operative Societies and at their instance, it had issued a letter dated 03.01.2022 directing the appellant to consider the request of various persons who will be eligible to become members of the appellant society. The said letter was subject matter of consideration by the Division Bench of this Court in Writ Appeal No.280/2025 c/w Writ Appeal No.234/2025.

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7. It is material to note that the petitioners were appellants in the aforementioned writ appeals (W.A No.280/2025 c/w W.A No.234/2025). The said appeals were disposed of by this Court in terms of an order dated 28.05.2025. The operative part of the said order reads as under:

"(i) The impugned order dated 29.01.2025 passed by the learned Single Judge in Writ Petition No.3123 of 2022 is