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JAISHREE THAKUR
Gurmit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jaishree Thakur, J. (Oral) - The instant writ petition has been filed with a prayer for issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction to declare the petitioners as having been elected as members of the Managing Committee of Maluka Multipurpose Cooperative Agricultural Service Society Limited, Maluka, in the elections held on 11.01.2021; or in the alternative to issue a writ in the nature of mandamus directing the official respondents to hold the elections afresh, with a further direction to the DGP, Punjab to take disciplinary action against SHO, Police Station Dayalpura, for interfering in the election process.
2. In a nutshell, the grievance of the petitioners herein is that the election program of the Managing Committee of the aforesaid Society was formulated and elections were scheduled to be held on 11.01.2021. However, without holding said elections, the Returning Officer postponed the said election process for 13.01.2021 citing the law and order situation. It is also submitted that as on date, neither the elections have been held nor the election result has been declared and communicated to the Secretary of the Society,
In the presence of a disputed question of facts, the court may refer the dispute regarding the conduct of elections to the Registrar, Cooperative Societies, for determination.
The classification of a cooperative society as aided or unaided determines the authority responsible for conducting elections under the A.P. Cooperative Societies Act.
Elections for a co-operative society must be conducted before the board's term expires, and postponement requires valid legal grounds, not merely the absence of police protection.
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