1. The petitioners have filed present writ petition being aggrieved by the order dated 31.5.2017, by which the election programme has been issued for the election of Mahavar Nagar Grah Nirman Sahkari Sanstha Maryadit, Annapurna Road, Indore.

2. The petitioners are the members of Mahavar Nagar Grah Nirman Sahkari Sanstha Maryadit, Indore (hereinafter referred to the society) having membership Numbers 263, 217, 249, 42, 234. The said society is registered under the Co-operative Societies Act, 1960 and the elections are being held under the provisions of bye-laws of the societies.

3. Earlier election of the governing body of the Society was held on 13.6.2014. Being aggrieved by the election, the petitioners filed an election petition under section 64(2)(v) of the M.P. Co-operative Societies Act, 1960 before the Registrar of Co-operative Societies, which is still pending. Respondent No.5 issued a letter dated 19.9.2016, whereby directed other respondents to prepare final voters' list for conducting election. In pursuant to the said letter, provisional voters' list was prepared. The petitioners submitted various objections in respect of the voters' list, which are collectively marked as Annexure P-6.

4. After considering the objections submitted by the petitioners, the Registration Officer Shri B.L. Mehar vide order dated 28.9.2016 issued provisional list of members. Thereafter, final list was published on 6.10.2016. Being aggrieved by the final list, the petitioners preferred an appeal before the appellate authority. The appellate authority has rejected the appeal by detailed order dated 18.10.2016. Vide letter dated 18.10.2016, Deputy Commissioner, Co-operative has forwarded the note-sheet to M.P. State Co-operative Election. It is important to mention here that the petitioners did not challenge the order of the appellate authority till today.

5. Vide order dated 2.3.2017, Deputy Commissioner, Co-operative has appointed Shri K.S. Mandloi to inquire the complaint made by the petitioners. Shri K.S. Mandloi issued a notice to the petitioners to appear along with documents in the office of the Deputy Commissioner followed by another letter dated 8.3.2017. The petitioners appeared and submitted detailed objections along with an affidavit before the Inquiry Officer. Shri Mandloi submitted its report on 4.4.2017, which was forwarded to M.P. State Co-operative Election Authority by the Deputy Commissioner vide letter dated 21.4.2017. Thereafter, the petitioners again made complaint to the Election Officer dated 2.5.2017. Vide order dated 31.5.2017, respondent No.5 has appointed Shri B.L. Mehar as returning officer along with the election programme. Being aggrieved by issuance of the election programme, the petitioners approached this Court.

6. Counsel for the petitioners submits that voters' list prepared for the election is not proper. As most of the members who have expired long back, have been included in the voters' list. Earlier election is already under challenge before the Registrar. The President who was elected in earlier election has again been held eligible to contest the election. Various serious irregularities pointed out by the petitioners before the one man committee has not been considered, therefore, no election can be held. Even if, the election is held, that would not be an election in the eye of law. In support of his contention, he has placed reliance over the judgment delivered in the case of Naresh Sharma v. Commissioner-cum-Registrar Co-operative Society, Bhopal, reported in 2008 RN 130=MPLJ 2007(4) 573.

7. Shri Rohit Mangal, G.A. appearing on behalf of the respondent No.1/ State on an advance copy submits that the election programme has already been published and polling and voting are going to be held on 24.6.2017. At this stage, the Court should not interfere in the election process. Respondent No.5 vide order dated 19.9.2016 has directed the other respondents to finalize the voters' list of the Society.

8. As p