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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Delhi State Cooperative Bank Ltd. – Appellant
Versus
Registrar Cooperative Societies – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 39829/2023 (for exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 10287/2023
1. This writ petition has been filed by the petitioner Bank along with Dr. Brijender Singh with the following prayers:
"It is therefore most respectfully prayed that this Hon'ble Court be pleased to:
a. Quash the letters dated 05.07.2023, Annxexure- HH, 17.07.2023 Annexure-KK and 21.06.2023 Annexure-LL.
b. Direct the Returning Officer respondent no. 2 to hold the election of the Petitioner No. 1/Bank - Delhi State Cooperative Bank Ltd. immediately.
c. Appoint an observer to oversee/supervise t he election.
d. Appoint a Joint Registrar or any other officer to hold the election of the bank.
e. Pass such other and further orders as this Hon'ble Court may deem fit proper in the facts and circumstances of this case."
2. We have heard the learned counsel for the parties. The issue which has been narrowed down is with regard to preparation of electoral list for holding election to the Management Committee of the petitioner No.1/Bank. We may note here that the order to hold election was passed by this Court in W.P.(C) 1072/2023
The central legal point established in the judgment is the importance of a complete and transparent electoral list for conducting fair and democratic elections in accordance with the DCS Act 2003 and....
The provisions of Section 31(2) of the Andhra Pradesh Co-operative Societies Act, 1964 and Rule 22 of the Andhra Pradesh Co-operative Societies Rules, 1964 govern the preparation of voters lists and ....
is fundamental that once an election notification is issued, the process of election as such cannot suffer a challenge nor can be stopped or interdicted.
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
The appointment of an Administrator for a cooperative society cannot extend beyond one year without elections, infringing on statutory governance mandates.
The judgment clarified the limited grounds for interference with an election process and emphasized that the Registrar's authority does not extend to directing re-scrutiny of rejected nominations.
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