A dispute under Section 64(2) of the M.P. Co-operative Societies Act, 1960, cannot be entertained during the period commencing from the announcement of the election programme till the declaration of result. The Registrar or the Assistant Registrar can transfer a dispute to a nominee or board of nominees appointed by the Registrar under Section 66 of the Act, but such transfer must be done through a judicial order.

( 1 ) THIS is a petition filed by the petitioners challenging the proceedings before respondent No. 1 and for quashing of the orders Annexures f and I passed by respondents 1 and 2.

( 2 ) FACTS necessary for the disposal of this petition are that the petitioners and respondent No. 3 are members of respondent No. 4, a co-operative society registered under the M. P. Co-operative Societies Act, 1960. Respondent No. 4 is also known as Large Size Agricultural Co-operative Credit Society Ltd. , kaudiya. This society comes under classification of societies as a Resource society. This society, among other things, advances loans and also provides for fertilizers, seeds and other consumer goods to its members. The society is also a member of the District Co-oparativo Central Bank Ltd. , Jabalpur, and it is alleged that the society has 638 members spread over 24 adjacent villages.

( 3 ) ACCORDING to the petitioners, the term of the Board of Directors of the society, respondent No. 4, expired on 30th September, 1982, but since the elections for incoming committee were not held prior to the expiration of the said term, the Board stood automatically dissolved and in consequence thereof the Directors of the Board vacated their seats and the management of the society, therefore, was assumed by the Registrar till the next elections were hold and the new Committee took over charge. It is alleged that in exercise of powers under Section 45 (8) of the Act, Shri L. D. Bairagi, Branch Manager, district Co-operative Central Bank Ltd , Jabalpur, was appointed as Officer-in-charge of the society, respondent No. 4 until the constitution of a ne. v Comnit-tee/ board of Directors.

( 4 ) IT is further alleged that in due course the Assistant Registrar appointed shri R. S. Tiwari, a Co-opsrative Inspector, as Returning Officer to comple te the elections of the members and office-bearors of the said society by order dated 30th September, 1983.

( 5 ) IT is alleged that the first stage of the elections was preparation of the voters' list as provided under Rule 23 of the rules framed under the Act and after preparation of the voters' list the Returning Officer published the election programme on 25th November, 1983. The petitioners have filed a copy of the final voters' list as Annexure-A and a copy of the election programme as annexure-B. It is alleged that the election programme is issued by the Returning officer as required under Rule 41 (2) of the rules framed under the Act. It is further alleged that the rule enjoins on the Returning Officer to notify the date for election of Directors of the Board, election of the delegates and the election of Chairman and Vice-Chairman of the Board and the Committee is constituted only when the Chairman and Vice-Chairman are declared elected. It is, further provided that if the election remain, incomplete for want of valid nomination or for any other reason whatsoever, the same is completed by co-opting a member as provided in Rule 43 (2-A) of the Rules.

( 6 ) IT is alleged by the petitioners that in pursuance of the election programme, the petitioners filed their nominations for the office of Directors of the Board and they were declared duly elected unopposed on 3rd December 1983 by the Returning Officer. Their names were also declared in the Annual general Meeting on 17th December 1983. It is alleged that out of the three delegates to be elected, only one delegate representing the society in the Committee of District Co-operative Central Bank Ltd. was declared elected. The two offices of the representatives to represent the society in the meetings of the marketing Society, Katni, and the District Co-operative Union, Jabalpur, were not filled up for want of valid nominations. It is alleged that under the rules these vacancies have to be filled up by co-option in the meeting of the elected directors which is convened to elect the President and Vice-President of the society. According to the notified pr