( 1 ) PETITIONER Thaneshwar Mishra, claiming to be a voter in the election of respondent Zila Sahakari Kendriya Bank Maryadit, Mandla, feels aggrieved by the order of rejection of his nomination paper (Annexure-P-5) by the respondent No. 4 and seeks a writ of certiorari for quashing the said order, together with the election programme (Annexure P-3), by filing this petition under Art. 226 of the Constitution of India.

( 2 ) THE petitioner claims to be a voter in category C (Varga-Ga) and his name appears in the final voter list (Annexure-P. 1) at serial No. 123. It appears that the election of the respondent Bank became due in the year 1984. On 20-4-1984, respondent-Registrar requested all Collectors in the State of Madhya Pradesh to nominate Deputy Collectors by name as Returning Officers for holding the said election. On receipt of the aforesaid letter, Collector, Mandla, by his order dated 28-4-1984, nominated the respondent No. 4 as Returning Officer for holding the election of the respondent-Bank. The respondent No. 4, acting on the aforesaid authorization, issued the election programme on 19-5-1984 (Annexure P-3 ). He also notified that a special general meeting of the members of the respondent-Bank shall be held on 5-6-1984 to hold election of the Directors of the Bank and also of the representatives of the respondent-Bank to represent it in other institutions. The petitioner filed his nomination on 26-5-1984 (Annexure P-4), which was rejected on 28-5-1984 by the impugned order on the ground that the petitioner was a member having contributed Rs. 50/- only to the share capital. It appears that with effect from 8-1-1980, a person to become member of the respondent-Bank, was required to subscribe Rs. 100/- as share capital. Following the aforesaid rejection, the petitioner approached this court by filing the present petition on 30-5-1984. By an order dated 4-6-1984, election proceedings were stayed. The said order was, however, modified on 6-7-1984 by directing that election shall not be held for a Director from Class C members and further election for electing representatives to M. P. Rajya Sahakari Bank Maryadit, Bhopal and M. P. Sahakari Sangh Maryadit, Bhopal. shall remain stayed. Election of Chairman of the Board of Directors of respondent No. 1 was also stayed. ( 3 ) THE learned Government Advocate appearing for the respondent No. 5 and the learned Advocate appearing for respondent No. 1, have raised a preliminary objection to the tenability of the present petition on the ground that efficacious alternative remedy under S. 64 of the M. P. Co-operative Societies Act, 1961 (hereinafter referred to as the 'act'), will be available to the petitioner after the elections have been held. Reliance has been placed on a Full Bench decision of this court in Malam Singh v. Collector, Sehore 1971 MPLJ 531. It is true that S. 64 (2) (v) of the Act provides that "any dispute arising in connection with the election of any officer of the society or representative of the society or of composite society," can be referred to the Registrar by any of the parties to the dispute and the decision of the Registrar on the said dispute shall be final and not liable to be called in question in any court. Proviso to the aforesaid sub-clause, however, prohibits the Registrar to entertain any dispute "during the period commencing from the announcement of the election programme till the declaration of result. " Apparently, therefore, the petitioner could challenge the validity of these elections by filing a dispute under the aforesaid clause after elections have been held. In Malam Singh's case (supra), the Full Bench of this court was considering the provisions of S. 357 (1) of M. P. Gram Panchayats Act, 1962, which provided that "no election under the Act can be called into question except by a petition presented to the prescribed authority. " The Full Bench held that though there is no constitutional bar to the exercise of writ j