Interference in an ongoing election process by authorities lacking jurisdiction is impermissible; however, if authorities are willing to conduct elections legally and grant fair opportunity to candidates, the court may direct the completion of the process in accordance with law.

1. By way of this petition, the petitioners have prayed for following reliefs:-

“A That this Hon'ble Court may kindly be pleased to issue a appropriate writ/order/direction for quashing the order passed by the respondent no.3 on 17.12.2021 (Annexure P/1) also new election program issued by the respondent No.6 on 10.03.2022 (Annexure-P/6).

B. Any other relief which this Hon'ble Court deems fit and proper may be passed.”

2. Brief facts of the case, is that, the petitioners are residents of Avinash Aashiana, Kabir Nagar, Raipur, and members of Avinash Aashiyana Residential Co-operative Society Limited, Kabir Nagar, Tahsil and District Raipur (C.G.), which has been duly constituted and registered as “Avinash Aashiyana Aawasiya Sahakari Samiti Maryadit, Raipur” under the relevant Co-operative Societies Act, bearing Registration No. 690. Thereafter, the State Co-operative Election Commission, Chhattisgarh, issued an order dated 06.12.2021 for conducting elections of the Board of Directors and representatives of the said society, pursuant to which the Returning Officer issued an election programme on 17.12.2021 scheduling the election process from 20.12.2021 to 03.01.2022, and the same was duly published and notified to all members. That in accordance with the said programme, the petitioners obtained nomination forms and duly submitted the same before the Returning Officer within the stipulated time on 20.12.2021 at the society premises, however, respondent No. 3, without jurisdiction and in violation of due process of law, passed an impugned stay order dated 22.12.2021, thereby halting the election process of the said society in an arbitrary and illegal manner. Subsequently, the Commissioner, State Co-operative Election Commission, Raipur, issued an order dated 13.01.2022 appointing a Returning Officer without first resolving or vacating the earlier stay on the election proceedings. Thereafter, respondent No. 6 issued a fresh election programme dated 10.03.2022 on the basis of the said order, without cancelling the earlier election programme dated 17.12.2021, thereby acting illegally and without following due process of law and that the impugned order passed by respondent No. 3 is arbitrary, illegal, and contrary to the provisions of the Act as well as the principles of natural justice, thereby necessitating interference by this Hon’ble Court.

3. Learned counsel for the petitioner submits that the actions of the respondents are wholly arbitrary, illegal and in clear violation of the principles of natural justice. It is contended that respondent No. 3, without any jurisdiction, passed the impugned order dated 22.12.2021 (erroneously mentioned as 22.11.2021) interfering with and staying the election process after the election programme dated 17.12.2021 had already been duly notified and commenced, which is impermissible in law. It is further submitted that respondent No. 3 had no authority to entertain or adjudicate any grievance relating to the election process, as such disputes, if any, fall within the ambit of Section 64(2)(v) of the Chhattisgarh Co-operative Societies Act, 1960, and are to be raised before the appropriate forum; thus, the interference during the subsistence of the election process is wholly without jurisdiction and contrary to settled legal principles. In support of this contention, reliance is placed upon the judgment of the Hon’ble High Court of Chhattisgarh dated 19.03.2018 passed in WPC No. 43 of 2018 (Mohammad Nausad Qureshi vs. State of Chhattisgarh & Others), wherein it has been held that interference in an ongoing election process is not permissible. It