The main legal point established is that elections should be held before the expiration of the extended or original period, and election disputes should be raised under S. 64 of the Act of 1960.

( 1 ) PETITIONERS challenge the holding of elections of Board of Directors of M. P. Co-operative Marketing Federation Ltd.

( 2 ) ELECTION of the Board of Directors took place for the period of five years which is the statutory period provided under S. 49 (7-A) of M. P. Co-operative Societies Act, 1960 (for short "the Act of 1960" ). This period came to an end on 3-1-2002; the period was extended by the State Government exercising the powers under sub-section 7-AA of S. 49 of the Act of 1960 by 12 months from the date of expiry of terms of their respective societies.

( 3 ) AFTER expiry of five years which is the original statutory period prescribed under sub-section 7-A of S. 49 of the Act of 1960, procedure of holding the election was started as per document Annexure A/13. Initial notice was given on 29-1-01. As per the notified election programme dated 17-1-01 the election procedure has commenced; the date of submitting the nomination form was 24-1-02; scrutiny of nomination had to take place on 27-1-02; withdrawal of nomination was to be done on 28-1-02 and election was scheduled for 4-2-02 and the result is also required to be declared on 4-2-02 i. e. today. It is stated at the Bar that election has taken place and 32 Directors were elected un-opposed.

( 4 ) LEARNED counsel for petitioners Shri Anil Khare strenuously submits that election has to take place within last 90 days of the extended term. It is his further submission that extension has to be given full effect to which was made exercising the power under sub-section 7-AA of Section 49 of the Act of 1960. By holding the election at the threshhold of the commencement of the extended period virtually the extended period was cut short, thus, election should have been held only in the month of October, November and December, 2002 which is the period statutorily supposed to be the period for holding the election. Learned counsel places reliance on a decision of the Supreme Court in Rajendra Prasad Yadav v. State of MP, AIR 1997 SC 3723 paras 18 and 19 thereof which are quoted below :-"18. A conjoint reading of the above referred provisions would manifest the legislative intention that it shall be obligatory on the outgoing Committee of the Society to hold elections prior to the expiry of the term under sub-section (7-A) or before the expiry of the extended time under sub-section (7-AA ). The outgoing committee shall apply to the Registrar to hold elections within a reasonable time "which shall not be in any case less than ninety days before the expiry of the term of the Committee". (Emphasis supplied ). Thus, it could be seen that it is the duty of the outgoing Managing Committee of the Society to have its elections held prior to the expiration of the term of the Committee not less than ninety days before expiry of the term of the Committee. 19. Under the first proviso, if the outgoing committee had resolved and requested the Registrar to hold elections and the Registrar had failed to conduct elections on its request, there is a legislative injunction issued against the Registrar that "he shall not assume charge of the Committee and the members of the Committee shall continue to hold the office". Under the second proviso; if the Registrar fails to conduct elections of the Committee within ninety days from the date of the expiry of the term of the committee, the committee of the Society shall appoint Returning Officer who shall conduct the election of the committee within 180 days from the date of expiry of the term. The combined operation of sub-section(8) (i) and the second proviso is that though the members of the committee are entitled, by operation of the first proviso, to continue to hold the office, it is equally obligatory on the part of the committee that, if the Registrar fails to conduct elections as envisaged hereinbefore, the Returning Officer should be appointed whose duty shall be to conduct elections of the committee within 180 days before th