The central legal point established in the judgment is that the court has the jurisdiction to intervene in the election process of local bodies if there are manifestly erroneous procedures that deprive individuals from exercising their democratic rights.

Hon’ble Rajiv Sharma,J.—Admit.

2. Heard.

3. Notices on behalf of opposite parties no.1 and 2 have been accepted by Sri M.B. Singh and for opposite party no.3 by the learned Chief Standing Counsel whereas on behalf of opposite party no.4 notice has been accepted by Sri Nagendra B. Singh, Advocate.

4. Let a counter affidavit be filed within period of eight weeks. Rejoinder affidavit, if any, may be filed within a period six weeks thereafter.

5. List this case immediately after expiry of the aforesaid period.

6. It has been submitted by Sri Nagendra B. Singh, learned counsel for the respondent no.4 that the instant writ petition is the second writ petition for the same cause of action to which counsel for the petitioners states that the earlier writ petition bearing no. 3179 (M/S) of 2011 has been filed by the different petitioners i.e. Sarvodaya Higher Secondary School Association and another v. Registrar, Societies and others, in which order dated 21.04.2011 was assailed whereas the instant writ petition has been filed by Swami Sharan Singh and another v. Registrar, Firms Societies and others and the orders under challenged are dated 21.04.2011 and 26.05.2011.

7. At this stage learned counsel for the petitioners states that he does not want to press the relief for quashing of the order dated 21.04.2011 and restricts his prayer only for quashing of the order dated 26.05.2011passed by the District Inspector of Schools, Sultanpur. Therefore, the petitioners shall make necessary amendments in the relief clause of the writ petition accordingly.

8. It has further been submitted by the learned counsel for the petitioner that it is the only Deputy Registrar, who can hold the elections after calling a general body under Section 25 (2) of Society Registration Act and/or he may delegate the said power to any person who can act as an election officer.ýÿ Accordingly vide order dated 21.04.2011, D.I.O.S. was appointed as election officer and was authorized to hold the election for the office bearer of the Committee of Management of the petitioner society but the D.I.O.S, Sultanpur, delegated the said power to the Principal of the Government Inter College to act as an election officer, which is beyond his jurisdiction as he cannot re-delegate the said powers.

9. Learned counsel for the petitioners also submits that without preparing tentative list of the members of the General Body electoral college and inviting objections, the list has been finalized which is illegal to which Mr. Nagendra B. Singh counsel for the opposite party no.4 states that as the election has already been notified and as such the writ petition is not maintainable.

10. After the start of election process this Court is not precluded from exercising its jurisdiction under Article 226 of the Constitution of India in exceptional circumstances. There is no constitutional bar to exercise writ jurisdiction in respect of election of local bodies, municipalities and the like, like the one in Article 320 of the Constitution of India, if the election process has been started on the basis of manifestly erroneous procedure resulting in depriving the petitioners from casting their votes or contesting the elections which is a sine qua non of democratic process. In such a situation it is just and proper for this Court to exercise its power under Article 226 of the Constitution of India and not to shut its eyes.

11. In view of the above, prima facie a case for interim relief is made out. Till the next date of listing, the operation and implementation of the order dated 26.05.2011 contained as Annexure No.1 to the writ petition shall remain stayed.

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