Arun Kumar Soni Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1042388
CourtMadhya Pradesh High Court
Decided OnJul-04-2012
AppellantArun Kumar Soni
RespondentThe State of Madhya Pradesh
Excerpt:
1 w.p.no.9617/2012 arun kumar soni versus state of m.p.& ors.04.07.2012 shri sachin soni learned counsel for the petitioner. i.a no.8577/2012 for taking documents on record is allowed for the reasons mentioned therein. documents be taken on record. also heard on the question of admission and interim relief. the petitioner has filed this petition alleging that the respondent authorities are going ahead for conducting of election of the petitioner's society without notifying or properly scrutinizing the voter list in respect of which the petitioner has filed an objection which has not been decided till date. from a perusal of the documents, annexure p-8, filed by the petitioner alongwith the application for taking documents on record, it is apparent that the election programme was notified by the competent authority on 20.6.2011 providing that the date for filing nomination was 28.6.2012; the date for scrutiny of nomination papers was 30.6.2012; the last date for withdrawal of the nomination papers was 2.7.2012 which was also the date for publishing the final list of 2 w.p.no.9617/2012 arun kumar soni versus state of m.p.& ors.contesting candidates; the date of allotment of symbols was 3.7.2012 and the special general meeting for holding the elections i.e.voting is fixed for 6.7.2012. it is also apparent from a perusal of the petition that the petitioner has filed an application for re-scrutiny of the voters list and an objection in that respect before the authorities on 15.6.2012, annexure p-4. from a perusal of the programme it is also apparent that the date of filing nominations, scrutiny and withdrawal of nomination as well as for final publication of the list of contestants is over and, therefore, at this stage the respondent authorities cannot be directed to reschedule the election programme by taking up proceedings for rescrutiny of nomination papers.refinalizing the list of contestants and reallotting symbols one day prior to election. quite apart from the above, wrongful acceptance of the nomination papers.qualification or disqualification of a candidate or violation of the provisions of the act and the rules are all grounds that can be taken up by the petitioner by filing an election dispute under section 64 of the m.p.co-operative societies act, 1960. 3 w.p.no.9617/2012 arun kumar soni versus state of m.p.& ors.in the circumstances, on account of the fact that the final list of contestants and the allotment of symbols is already over and the election is due to be held on 6.7.2012 as well as the ground of availability of the remedy of filing election petition, after declaration of result, under section 64 of the act to the petitioner, i do not find any ground to entertain the present petition at this stage. the petition is accordingly disposed of with liberty to the petitioner to take up all the aforesaid issues, in case so advised, by raising a dispute, if aggrieved, after the elections are over in accordance with the procedure prescribed by law. with the aforesaid observation/liberty the petition, filed by the petitioner, stands disposed of. c.c as per rules. ( r.s.jha ) judge mms/-
Judgment:

1 W.P.No.9617/2012 Arun Kumar Soni versus State of M.P.& ORS.04.07.2012 Shri Sachin Soni learned counsel for the petitioner.

I.A No.8577/2012 for taking documents on record is allowed for the reasons mentioned therein.

Documents be taken on record.

Also heard on the question of admission and interim relief.

The petitioner has filed this petition alleging that the respondent authorities are going ahead for conducting of election of the petitioner's Society without notifying or properly scrutinizing the voter list in respect of which the petitioner has filed an objection which has not been decided till date.

From a perusal of the documents, Annexure P-8, filed by the petitioner alongwith the application for taking documents on record, it is apparent that the election programme was notified by the competent authority on 20.6.2011 providing that the date for filing nomination was 28.6.2012; the date for scrutiny of nomination papers was 30.6.2012; the last date for withdrawal of the nomination papers was 2.7.2012 which was also the date for publishing the final list of 2 W.P.No.9617/2012 Arun Kumar Soni versus State of M.P.& ORS.contesting candidates; the date of allotment of symbols was 3.7.2012 and the Special General Meeting for holding the elections i.e.voting is fixed for 6.7.2012.

It is also apparent from a perusal of the petition that the petitioner has filed an application for re-scrutiny of the voters list and an objection in that respect before the authorities on 15.6.2012, Annexure P-4.

From a perusal of the programme it is also apparent that the date of filing nominations, scrutiny and withdrawal of nomination as well as for final publication of the list of contestants is over and, therefore, at this stage the respondent authorities cannot be directed to reschedule the election programme by taking up proceedings for rescrutiny of nomination papeRs.refinalizing the list of contestants and reallotting symbols one day prior to election.

Quite apart from the above, wrongful acceptance of the nomination papeRs.qualification or disqualification of a candidate or violation of the provisions of the Act and the Rules are all grounds that can be taken up by the petitioner by filing an election dispute under section 64 of the M.P.Co-operative Societies Act, 1960.

3 W.P.No.9617/2012 Arun Kumar Soni versus State of M.P.& ORS.In the circumstances, on account of the fact that the final list of contestants and the allotment of symbols is already over and the election is due to be held on 6.7.2012 as well as the ground of availability of the remedy of filing election petition, after declaration of result, under section 64 of the Act to the petitioner, I do not find any ground to entertain the present petition at this stage.

The petition is accordingly disposed of with liberty to the petitioner to take up all the aforesaid issues, in case so advised, by raising a dispute, if aggrieved, after the elections are over in accordance with the procedure prescribed by law.

With the aforesaid observation/liberty the petition, filed by the petitioner, stands disposed of.

C.C as per rules.

( R.S.JHA ) JUDGE mms/-