Judgment:
W.P.No.6936/13 26/04/13 Shri V.K.Mishra, learned counsel for the petitioner.
Shri Vikas Sharma, learned Panel Lawyer for the State.
Pointing out that the Returning Officer respondent No.6 in the matter of conducting election to the Co-operative Society has committed certain default which amounts to misconduct, this writ petition is filed for taking action against the Returning Officer.
It is stated that after the misconduct was committed, another Returning Officer was appointed for conducting the election and a representation filed is not being looked into and action is not being taken, this writ petition is filed.
If the Returning Officer has committed misconduct, it is the procedural defect committed in the election, merely, on the basis of the allegations levelled in the petition, without conducting the enquiry into the matter, it is not appropriate for this Court to issue any direction.
That apart, if any direction is given, it may have adveRs.effect on the election itself or the right of the party to challenge the election on various grounds.
Taking note of all these circumstances, I see no reason to interfere into the matter.
If the petitioner is aggrieved by the manner in which the election is conducted, he shall file an election petition where the proper enquiry into the matter is conducted.
Accordingly, finding no ground to issue any direction, this petition is dismissed.
(Rajendra Menon) Judge Vy/-