Election disputes cannot be entertained prior to election completion as per relevant statutory provisions, invalidating earlier proceedings.

1. This is a petition filed by the petitioners challenging the proceedings before respondent 1 and for quashing of the orders Annexures F and I passed by respondents 1 and 2.

2. Facts necessary for the disposal of this petition are that the petitioners and respondent 3 are members of respondent 4, a co - operative society registered under the M. P. Co - operative Societies Act, 1960. Respondent 4 is also known as Large Size Agricultural Co - operative Credit Society Ltd., Kaudiya. This society comes under classification of societies as a Resource Society. This society, among other things, advances loans and also provides for fertilizers, seeds and other consumer goods to its members. The society is also a member of the District Co - operative Central Bank Ltd., Jabalpur, and it is alleged that the society has 638 members spread over 24 adjacent villages.

3. According to the petitioners, the term of the Board of Directors of the Society, respondent 4, expired on 30th Sept. 1982, but since the elections for incoming committee were not held prior to the expiration of the said term, the Board stood automatically dissolved and in consequence thereof the Directors of the Board vacated their seats and the management of the society, therefore, was assumed by the Registrar till the next elections were held and the new Committee took over charge. It is alleged that in exercise of powers under S.45(8) of the Act, Shri L. D. Bairagi, Branch Manager, District Co - operative Central Bank Ltd., Jabalpur, was appointed as Officer - in - charge of the society, respondent 4, until the constitution of a new Committee / Board of Directors.

4. It is further alleged that in due course the Assistant Registrar appointed Shri R. S. Tiwari, a Co - operative Inspector, as Returning Officer to complete the elections of the members and office - bearers of the said society by order dt. 30th Sept. 1983.

5. It is alleged that the first stage of the elections was preparation of the voters' list as provided under R.23 of the Rules framed under the Act and after preparation of the voters' list the Returning Officer published the election programme on 25th Nov. 1983. The petitioners have filed a copy of the final voters' list as Annexure - A and a copy of the election programme as Annexure - B. It is alleged that the election programme is issued by the Returning Officer as required under R.41(2) of the Rules framed under the Act. It is further alleged that the rule enjoins on the Returning Officer to notify the date for election of Directors of the Board, election of the delegates and the election of Chairman and Vice - Chairman of the Board and the Committee is constituted only when the Chairman and Vice - Chairman are declared elected. It is further provided that if the elections remains incomplete for want of valid nomination or for any other reason whatsoever, the same is completed by co - opting a member as provided in R.43(2 - A) of the Rules.

6. It is alleged by the petitioners that in pursuance of the election programme, the petitioners filed their nominations for the office of Directors of the Board and they were declared duly elected unopposed on 3rd Dec. 1983 by the Returning Officer. Their names were also declared in the Annual General Meeting on 17th Dec. 1983. It is alleged that out of the three delegates to be elected, only one delegate representing the society in the Committee of District Co - operative Central Bank Ltd. was declared elected. The two offices of the representatives to represent the society in the meetings of the Marketing Society,