Mrigendra Singh Vs. the State of Madhya Pradesh

Mrigendra Singh vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Jan 23, 2013

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https://sooperkanoon.com/case/1049541

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Citation: sooperkanoon.com/1049541
Court: Madhya Pradesh High Court
Decided On: Jan 23, 2013
Subject: Education

Case Summary

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

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Mrigendra Singh

Respondent

The State of Madhya Pradesh

Excerpt

writ petition no.1066/2013 23.1.2013 shri rajendra singh, advocate, for the petitioner. shri s.m.lal, government advocate, for the state. heard on admission. by this petition, the petitioner has challenged the election process of krishak sewa sahakari samiti, bamhangawan, tahsil huzur, district rewa. 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 petitioner has challenged the election process on various grounds which he can also raise while referring a dispute under section 64 of the act. 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.1066/2013 23.1.2013 Shri Rajendra Singh, Advocate, for the petitioner.

Shri S.M.Lal, Government Advocate, for the State.

Heard on admission.

By this petition, the petitioner has challenged the election process of Krishak Sewa Sahakari Samiti, Bamhangawan, Tahsil Huzur, District Rewa.

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 petitioner has challenged the election process on various grounds which he can also raise while referring a dispute under section 64 of the Act.

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 Mrigendra Singh vs The State of Madhya Pradesh Same Subject Education