Sanjay K. Agrawal, J.

The short but crisp question that emanates for consideration is whether the State Co-operative Election Commission constituted under Section 50-B of the Chhattisgarh Co-operative Societies Act, 1960 (for short, 'the Act of 1960') has power and jurisdiction to consider the validity of rejection of nomination paper and/or to thereby interfere with the process of election of the members of the Board of Directors of a primary co-operative society.

2. The aforesaid question arises for consideration in the following factual backdrop: -

3. In compliance with the instruction issued by the Chhattisgarh State Co-operative Election Commission dated 21-11-2017 appointing respondent No.3 as Returning Officer, the said Returning Officer issued Election Programme on 4-12-2017 of the election of Vipanan Sahkari Samiti Maryadit, Gurur a primary co-operative society and final date was fixed for declaration of result on 31-12-2017. Before that, final voter list was already finalized and date of filing of nomination paper was 13-12-2017 and date of scrutiny of the said paper was 14-12-2017. Respondents No. 4 and 5 also submitted their nomination paper as members of the Board of Directors. Their nomination papers were rejected by the Returning Officer finding not in accordance with law. Being aggrieved against rejection of nomination paper by the Returning Officer, respondents No. 4 and 5 made a complaint before respondent No. 2 State Co-operative Election Commission (SCEC). The said complaint was entertained by the said Commission and by order dated 19-12-2017, interim order was passed staying the operation of the said order of rejection of nomination paper and ultimately, on 23-12-2017 fixing the date of hearing on 5-1-2018, notice was issued to the petitioners and respondents No.4 and 5. Feeling aggrieved and dissatisfied with the order passed by the SCEC entertaining the dispute to consider the validity of rejection of nomination paper and questioning the further proceeding, this writ petition has been filed primarily on the ground that the SCEC has no power and jurisdiction to consider the rejection of validity of nomination paper of the members of the Board of Directors of a co-operative society as well as on the ground that against the rejection of nomination paper remedy of respondents No. 4 and 5 lies to raise co-operative dispute under the provisions of Section 64(2) of the Act of 1960, as such, the order passed by respondent No. 2 SCEC is absolutely without jurisdiction and without authority of law.

4. Return has been filed mainly by SCEC opposing the writ petition on the ground that the impugned order has been passed to conduct the election strictly in accordance with law and to pass necessary order to rectify the mistake occurred in the election. The order is strictly in accordance with law, it neither suffers from mala fide nor arbitrariness. It has been stated in para 6 of the return that under Section 50(10) of the Act of 1960, a duty has been cast upon the SCEC to issue instructions to the Board or its members for conducting free and fair election and such instructions are binding upon the Board and its members, and therefore only to conduct free and fair election, the SCEC has stayed the election, as such, the order is strictly in accordance with law and no interference is warranted in exercise of jurisdiction under Article 226/227 of the Constitution of India. The order of SCEC can only be questioned in the election dispute to be raised ultimately under Section 64(2) (v) of the Act of 1960.

5. Mr. Ashish Shrivastava, learned counsel for the petitioners, ably assisted by Miss Medha Shrivastava, Advocate, would submit that the SCEC has absolutely no jurisdiction to interfere with the election process as commenced by declaration of election programme and rejection of nomination paper cannot be taken cognizance of by the said Commission, it is only the election tribunal that can take cognizance o