No interference can be made in the election process at the stage of preparation of the electoral roll, and petitioners have an efficacious remedy to approach the competent authority against the impugned order.

JUDGMENT

1. Heard.

2. By this petition the petitioners have prayed for the following reliefs :-

(i) Issue a writ, direction or order in the nature of CERTIORARI or other appropriate writ, calling for the records of the petitioner's case.

(ii) Issue a writ, direction or order in the nature of CERTIORARI / MANDAMUS or other appropriate writ, setting aside impugned order dtd. 04/04/2023 (Annexure P/10)

(iii) Issue a writ, direction or order in the nature of CERTIORARI / MANDAMUS or other appropriate writ, directing the respondent no.1 to conduct fresh election process on the basis of new list which has been submitted along with report dtd. 26/8/2022.

(iv) Award the cost of the present petition.

(v) Grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case.

3. The grievance of the petitioners is that respondent No.1 by order dtd. 4/4/2023 has declared the elections of respondent No.3 society without considering the report submitted by respondent No.2 in which irregularities committed by the earlier members of the committee have been reported. The primary grievance of the petitioners is that the earlier list of members of the society has been superseded by a new list of members which has been done on the basis of an earlier complaint and the elections ought to be conducted on the basis of the new list whereas the same are being conducted on the basis of the old list which is illegal.

4. Learned counsel for respondent No.3 has raised a preliminary objection as regards maintainability of the petition. It is submitted that against the order dtd. 4/4/2023 the petitioners have alternate and efficacious remedy available to them to approach the competent authority for redressal of their grievances as per Rule 49 (c)(5) of M.P. Cooperative Society Rules, 1962. It is also submitted that the grievance as regards breach of or non-compliance with mandatory provisions of Rules during preparation of electoral role can be challenged only in an Election petition and too after declaration of the result. The petition at this stage is not maintainable as per Sec. 64 (2)(v) of M.P. Cooperative Societies Act, 1960. Reliance has been placed on the decision of the Hon'ble Supreme Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and Another V/s. State of Maharashtra and Others reported in (2001) 8 Supreme Court Cases 509.

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

6. Sec. 64(1) and 2(v) of the Act, 1960 are as under :-

(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 there to are among the following:-

(a) a society, its committee, any past committee, any past or present officer, any past or present agent, any past or present servant or a nominee, heirs or legal representatives of any deceased agent or deceased servant of the society, or the liquidator of the society;

(b) a member, past member or a person claiming through a member, past member or deceased member of a society or of a society which is a member of the society;

(c) a person other than a member of the society who has been granted a loan by the society or with whom the society has or had business transactions and any person claiming through such a person.

(d) a surety of a member, past member of deceased member or a person other than a member who has been granted a loan by the society, whether such a surety is or is not a member of the society.

(e) any other society or the liquidator of such a society; and (f) a creditor of a society.

(2) For the purposed of sub-sec. (1), a dispute shall include- [(v) any dispute arising in connection with the election of any officer of the society or of composite society;

Provided that the Registrar shall not entertain any dispute under this clause durin