Krishan Kumar Patel Vs. the State of Madhya Pradesh

Krishan Kumar Patel vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Jan 15, 2013

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https://sooperkanoon.com/case/1045551

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Citation: sooperkanoon.com/1045551
Court: Madhya Pradesh High Court
Decided On: Jan 15, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Krishan Kumar Patel

Respondent

The State of Madhya Pradesh

Excerpt

writ petition no.525/2013 15.1.2013 shri narayan dubey, advocate, for the petitioners.shri jaideep singh, deputy government advocate, for the state. heard on admission. by this petition, the petitioners have challenged the election process of sewa sahakari samiti maryadit, nirandpur, tahsil panagar, district jabalpur. admittedly, after election the result has already been declared. section 64 of the madhya pradesh co-operative societies act, 1960 (in short “the act”.) entitles any party to raise a dispute in connection with the election of any officer of the society or representative of the society or of composite society. this is also apparent from clause v of sub-section (2) of section 64 of the act. the petitioners have challenged the election process on various grounds which they can also raise while referring a dispute under section 64 of the act. the petitioners have also alleged that their nomination forms were wrongly rejected as withdrawn whereas they had not withdrawn the same. even this ground can be raised by the petitioners in the election petition. in harneek singh versus charanjit singh (2005) 8 scc 38.the supreme court has held that if a remedy of election petition is available, writ petition under article 226 is not maintainable. i am, therefore, not inclined to admit this petition. the petition is accordingly dismissed summarily. judge ps

Full Judgment

Writ Petition No.525/2013 15.1.2013 Shri Narayan Dubey, Advocate, for the petitioneRs.Shri Jaideep Singh, Deputy Government Advocate, for the State.

Heard on admission.

By this petition, the petitioners have challenged the election process of Sewa Sahakari Samiti Maryadit, Nirandpur, Tahsil Panagar, District Jabalpur.

Admittedly, after election the result has already been declared.

Section 64 of the Madhya Pradesh Co-operative Societies Act, 1960 (in short “the Act”.) entitles any party to raise a dispute in connection with the election of any officer of the Society or representative of the Society or of Composite Society.

This is also apparent from Clause V of sub-section (2) of section 64 of the Act.

The petitioners have challenged the election process on various grounds which they can also raise while referring a dispute under section 64 of the Act.

The petitioners have also alleged that their nomination forms were wrongly rejected as withdrawn whereas they had not withdrawn the same.

Even this ground can be raised by the petitioners in the election petition.

In Harneek Singh versus Charanjit Singh (2005) 8 SCC 38.the Supreme Court has held that if a remedy of election petition is available, writ petition under Article 226 is not maintainable.

I am, therefore, not inclined to admit this petition.

The petition is accordingly dismissed summarily.

JUDGE ps

Same Court & Year Madhya Pradesh · 2013 Same Parties Krishan Kumar Patel vs The State of Madhya Pradesh Same Subject Education