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MOHAMMAD RAFIQ, VIJAY KUMAR SHUKLA
Satish Kumar Pandey – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
Vijay Kumar Shukla, J.
1. Regard being had to the commonalities of both writ appeals which are filed under Section 2(1) of M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, being aggrieved by the order dated 01-12-2020 passed in W.P. No. 6336/2020 by the learned Single Judge, whereby writ petition has been dismissed.
2. The appellants/writ petitioners filed writ petition challenging the order dated 04-03-2020 passed by the respondent no. 5 by which the election programme of Board of Directors of Anantpur Grah Nirman Sahakari Samiti Maryadit, District Rewa was declared and the election dated 11-09-2019 of Board of Directors of the said society was cancelled.
3. On 11-09-2019, Election Authority had appointed Shri S.N. Singh Senior Cooperative Inspector as Returning Officer of Anantapur Grah Nirman Shahkari Samiti Maryadit, District Rewa and the Election programme was declared. Counting of votes was to be done in Special General Meeting of Society on 10-10-2019 and vacant post was to be filled up by 11-10-2019 and thereafter election of President and Vice-President was to be completed by 14-10-2019. On 14-10-2019, valid nominations were total 19 in number. The
The central legal point established is that the Election Authority does not have the jurisdiction to cancel an election that was held in accordance with the law and where the Returning Officer has al....
The State Election Commission lacks jurisdiction to cancel elections during the process, which must be resolved through election petitions before the Election Tribunal.
In the presence of a disputed question of facts, the court may refer the dispute regarding the conduct of elections to the Registrar, Cooperative Societies, for determination.
The suspension of election should only occur under specific circumstances as provided in the rules, and the appointment of an alternative body and election officer may be necessary to ensure a free a....
Challenges to elections should be made through the special remedy provided by the statute and not through the writ jurisdiction of the court under Article 226.
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