The election process can be continued from the stage at which it was stopped, even if it is interrupted in the middle by any reason beyond the control of the committee or the Returning Officer.

This Writ Appeal is by the 4th respondent in O.P.No.7630 of 1992. The appellant 4th respondent got himself impleaded in the Original Petition by filing CM.P.No.13229 of 1992. The Original Petition under Art.226 of the Constitution of India was filed by the President of the Koram Ksheera Vyavasaya Sahakarana Sangham (hereinafter referred to as the Society). The term of the Managing Committee of the Society was to expire on 30-6-1992. The Managing Committee passed a resolution to hold election on 14-6-1992 and in pursuance to the resolution a returning officer was appointed. The preliminary voters 'list was published on 8-5-1992 and the final list was published on 15-5-1992. The nomination papers were accepted after scrutiny. Though everything was ready for the election, on the date of election, namely, on 14-6-1992, the Returning Officer did not turn up to conduct the polling. There is a controversy between the parties -as to the reason why the Returning Officer did not come on the date of election. According to the Returning Officer, while he was on his way to the place of election on 14-6-1992, he was forcibly taken in a jeep from Taliparamba bus stand to Kasaragod where he was illegally detained till 4 p.m. From there he reached Payyannur and lodged a complaint with the police and a case was registered under the various Sections of the Indian Penal Code. Anyhow, we are not much concerned with that controversy in these proceedings.

2. Admittedly, the election was not held on 14-6-1992 and so the petitioner-President of the Society filed the Original Petition seeking a writ of mandamus directing the 1st respondent to proceed with the election process from the stage where it was stopped and to conduct the polling before- 30-6-1992.

3. In the counter-affidavit filed by the Returning Officer, he alleged that he was kidnapped by certain people on 14-6-1992 and was forcibly taken from Taliparamba to Kasaragod and he was relased only at 4 p.m. Immediately thereafter he filed a complaint before the police and he reported the matter to the joint Registrar also. He made arrangements for conducting the election on 29-6-92.

4. Though the election was postponed to 29-6-1992, the election did not actually take place on that day also in view of the stay order granted by the Joint Registrar. This Original Petition was Med on 15th June, 1992 and the Joint Registrar passed the order of stay in view of the pendency of the Original Petition.

5. Later, the 4th respondent got himself impleaded and he filed a counter-affidavit, raising the objection that out of 273 ordinary members, only the names of 75 were shown in the voters' list. It was also contended by him that the existing Committee should not be permitted to continue in office so that there may be a free and fair election. During the pendency of the Original Petition the Managing Committee passed a resolution on 16-7-1992 fixing the date of election as 20-9-1992. The resolution also fixed the time and place of election. During the course of the hearing this fact was brought to the notice of the learned Single Judge and since it was felt that the date stipulated was unduly distant, it was suggested that a near date be fixed for the election. In pursuance to that suggestion from the Court, another resolution was adopted by the Society on 5-8-1992 The 4th respondent raised an objection that the earlier resolution dated 9-3-1992 fixing the date of election as 14-6-1992 having been rescinded by the Executive Committee, the election could not be continued from the stage at which it was stopped. It was further Contended that the whole election process as contemplated under R.35 of the Co-operative Societies Rules has to be repeated by giving effect to Rule 26 of the Rules, taking in to discount the new date of election. It was contended by him that when once the earlier election could not be conducted as originally fixed and a fresh resolution having been passed, new voters' list has to b