No interference in the election process is warranted after its commencement.

VIJAY KUMAR SHUKLA, J.

1. In the instant petition filed under Article 226 of the Constitution of India the petitioners have called in question legality and validity of the order dated 8-2-2017 passed by the M.P. State Co-operative Election Authority, Bhopal [hereinafter referred to as 'the Election Authority'] declaring the programme of Laharbandh Matsyudyog Sahkari Samiti Maryadit, Nagara, Tikamgarh, whereby the election of the Board of Directors, Office Bearers and Representatives have been scheduled and commenced from 13-02-2017.

2. Bone of contention of the petitioners is that the election programme has been issued despite an interim order, dated 2-5-2016 passed by the M.P. State Co-operative Tribunal, Bhopal [for short 'the Tribunal'] directing to maintain status-quo in respect of the membership of the petitioner and 14 others. It is contended that the present petitioner and 14 others who were eligible to become Members of the Society had applied for membership but the Chairman due to vested interest, was unable to give membership to the applicants and, therefore, all the 16 persons approached the respondent No.3 - Deputy Registrar, Co-operative Societies, Tikamgarh, District Tikamgarh whereby the respondent No.3 had directed the respondent No.4 to give membership to the petitioners and 14 others, vide order dated 10-11-2015.

3. The Chairman of the Society had challenged the order dated 10-11-2015 before the Joint Registrar, Co-operative Societies, Sagar and the said Authority by order dated 31-01-2016 set aside the order dated 10-11-2015 and allowed the appeal filed by the respondent No.4. It is asserted that the present petitioners and 14 others have assailed the order of the Joint Registrar before the Tribunal by filing a revision under Section 77(14) of the M.P. Cooperative Societies Act, 1960 [hereinafter referred to as 'the Act'] whereby the Tribunal has passed an order of 'status-quo'.

4. Counsel appearing for the petitioners further submits that the election Programme issued by the Election Authority in exercise of power under Rule 49 of the M.P. Co-operative Societies Rules, 1962 [for short 1962 Rules'] is illegal, as the order has been passed during operation of the order of 'status-quo'.

5. In the present case impugned notification of election was issued on 8-02-2017 and the instant writ petition has been preferred on 01-03-2017 after commencement of the election process. The election process has already commenced and the last date of submitting nomination was 01-03-2017 and the list of valid nominations has also been published on 01-3-2017. Contention of the petitioners is that the impugned notification is illegal, as the same has been issued after passing the order of 'status-quo' by the Tribunal. The order of status-quo does not indicate that the same was passed in respect of holding the elections of the Society. The petitioners have not filed any document to show that in pursuance to the order passed by the Deputy Registrar, Co-operative Societies, Tikamgarh their names have already been included in the voters list and the order of status-quo was passed in respect of holding the elections of the Society.

6. On the contrary, in para 7-III of the relief clause the petitioners have also prayed for inclusion of their names and others in the voters list. I am afraid, such a relief cannot be granted in exercise of writ jurisdiction under Article 226 of the Constitution of India. Elections are being conducted in accordance with the provisions of the Act and the Status prescribes a remedy under Section 64, in Chapter VII of the Act. At this juncture, it is apt to reproduce Section 64(2)(v) of the Act. It reads thus:

"64. Disputes. - (1) Notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, management or business, or the liquidation of a society shall be referred to the Registrar by any of the parties to the dispute if the parties thereto are among th