The impugned orders were not justified in interfering in the election process and preventing the result from being declared. The complaint did not attract the provisions of Rule 36 of the Odisha Cooperative Societies (Election to the Committees) Rules, 1992. The State Co-operative Election Commission exercised power contrary to the law, and there was wrong application of the provisions contained in Rule 36, Sub-rule 1 of the Rules, 1992.

JUDGMENT :

Biswanath Rath, J.

Filing the writ petition, the petitioner challenged the impugned order dated 18.2.2015 passed by the opposite party no.1 under Annexure-7 along with the consequential impugned Election Notice dated 22.2.2015 under Annexure-8. Petitioner has also the prayers as to why the opposite parties shall not be directed to permit the petitioner to discharge his duties as the President of the Jhiliminda Service Cooperative Society Limited from the date of declaration of the election, as to why the opposite parties shall not be refrained from taking any action against the petitioner from discharging his duties as the President of Jhiliminda Service Cooperative Society Limited. In sum and substance, the petitioner has assailed the orders vide Annexures-7 and 8 and sought for direction against the opposite parties allowing the petitioner to function as the President of Jhiliminda Service Cooperative Society Limited being validly and lawfully elected.

2. Assailing the impugned order, referring to the pleadings in the writ petition, Sri Pitambar Acharya, learned Senior Counsel appearing for the petitioner contended that Jhiliminda Service Cooperative Society Limited is a Primary Service Cooperative Society Limited within the meaning of Clause(c-2) of Section 2 of the O.C.S. Act, 1962 being managed by the Elected Board of Management. In order to get an Elected Board of Management, Election Officer-opposite party no.4 vide notice dated 27.1.1915 notified election programme concerning the society. As per the notice, polling of votes and counting of votes were fixed to 16.2.2015 commencing from 10 A.M. to 12 P.M. Following the said notice being published, three candidates including the petitioner filed nomination for the post of President of the Society. Poll process started as per the programme fixed vide Annexure-1 smoothly at 10 A.M. and it is at 11.45 A.M. when the poll process was on, one of the Presidential candidates, namely, Bibhudutta Pradhan rushed into the polling booth and filed a written complaint before the Election Officer along with six other Directors, who claimed to be present outside the office premises alleging that they are being prevented from casting their votes by the public standing outside the polling booth, as available at Annexure-9. This fact was brought to the notice of the Deputy Registrar, Cooperative Societies, Bargarh division to avoid any untoward situation. The Polling Officer in the meantime after completion of voting time and after complying necessary formalities as scheduled, counted the votes and declared the result of the said election wherein it was found that the present petitioner has got seven votes whereas the complainant Bibhudutta Pradhan got only one vote and the third candidate acquired no votes out of total eight number of votes. Deputy Registrar, Cooperative Societies-cum-District Election Officer on the next date of voting vide Office Letter No.571 dated 17.2.2015 brought the entire facts to the notice of the opposite party no.1 for taking necessary action. It is next pleaded that while the matter stood thus, the State Cooperative Election Officer, Orissa issued an order on 18.2.2015 wherein the Commissioner looking to the complain made in the letters received at his hand and for the reason that an F.I.R. being registered on the self same allegation, in exercise of his power under Sub-Rule 1 of 36 of the Orissa Cooperative Societies (Election to the Committees) Rule, 1992 held the election to have been vitiated and thereby declared the election of the President as void and further directed for going for a fresh poll for the election of the President thereby further directing the Election Officer to fix up another date with due intimation to all concerned. By Annexure-8, the Election Officer issued a notice for fresh polling for the Presidential post to be taken place on 1.3.2015. Challenging the impugned order under Annexures-7 and 8, Sri Pitambar Acharya, learned Seni