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 already declared the election result.

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. Thereafter, on 05-10-2019, list of 11 valid candidates were declared after withdrawal of nomination forms by some of the candidates. Since there were 11 posts, therefore, the Returning Officer on 05-10-2019 declared that the election is not necessary as valid candidates were only 11 in number for the 11 posts. The Returning Officer declared the result in General Meeting of Society on 10-10-2019. The Deputy Commissioner, Cooperative Society had sent a report to the Election Authority that on inspection of General Meeting on 10-10-2019, Returning Officer nor Manager of Society was found there. No application of Returning Officer for remaining absent in General Meeting was found. Society Manager was called with all the documents but he did not appear in the office of Deputy Commissioner and also switched off his cell phone. According to him, election was not completed as per election programme on 10-10-2019 and there was break in continuity of election procedure. Members of the society were not informed and elections conducted were suspicious. Joint Commissioner has sent his opinion alongwith the enquiry report that Returning Officer Shri S.N. Singh has not conducted elections as per the procedures and election process has vitiated. On the basis of the said report, impugned order dated 04-03-2020 was passed and election was cancelled.

4. The respondent no. 5 has filed reply before the learned Single Judge and stated that complaints were received by the answering respondents as well as by the office of Deputy Registrar Cooperative Society Rewa. On 10-10-2019 enquiry was conducted and the report was submitted that it was necessary to stop the election process of the society to ensure the credibility of the election process as there were serious doubts regarding the manner in which the election was conducted. As per the report dated 19-11-2019, entire election process of the society was corrupted. The order to cancel the election was passed under Rule 49-D of the Cooperative Rules, 1962. It was further submitted that as per Section 57-F of the M.P. Co-operative Societies Act, 1960, it was the duty of the Election Officer to see that free, fair and impartial elections are conducted. In view of the above the impugned order does not suffer from any illegality.

5. We have heard the learned counsel for the parties.

6. The learned Single Judge after referring to the report held that the Election Authority was justified in cancelling the election as the election was not conducted as per the election programme. Rule 49G(3) of the Cooperative Societies Rules, 1962 gives power to Election Authority to declare fresh election due to irregularities in procedure which vitiates election. As per the enquiry report since there was no election, therefore, the impugned order was r