In a recent legal development, a petition has been filed challenging an order issued on January 13, 2024, by the Central Registrar of Cooperative Societies (Respondent No. 2). The order, at the center of the dispute, declared that 15 elected members of the outgoing Board of the Supreme Court Bar Association Multi-State Cooperative Group-Housing Society Ltd. (Respondent No. 5) were ineligible for board membership for a period of five years.
The petitioner’s counsel argues that the order lacks jurisdiction and contradicts the Multi-State Co-operative Societies Rules, 2002 (MCS Rules). According to the petitioner, the power to make such determinations lies with the Returning Officer not the Central Registrar. Furthermore, the counsel asserts that the revised election program was published on December 28, 2023, and the final list of candidates, including the petitioners, was released on January 11, 2024. At this stage, no objections were raised during the scrutiny of nomination forms.
The petitioner contends that the impugned order cannot be sustained after the publishing of the final list, and the exclusion of the petitioners on the eve of the elections is unjust. They argue that Respondent Nos. 7 to 9, who filed complaints against the petitioners, have a vested interest in their removal as they are contesting for the same positions in the upcoming elections.
Respondent Nos. 7 and 8 appear in person, defending the order and asserting that it was made within the jurisdiction of Section 43(2) of the Multi-State Co-operative Societies Act, 2002. They attribute the delay in decision-making to the time taken by the petitioners.
The Returning Officer (Respondent No. 4) joins the proceedings via video conferencing, affirming that the election will proceed as per the election program published on December 28, 2023. He confirms that the final list of candidates, published on January 11, 2024, includes the petitioners, and all 41 candidates who submitted nominations for the 12 unreserved seats will be entitled to contest the elections.
After considering the submissions from all parties, the court finds that the nominations were scrutinized by the Returning Officer, and the final list was published on January 11, 2024. The court deems the impugned order, issued after the publication of the final list, to have prospective operation and thus not affecting the rights of the declared candidates. Consequently, the court directs that the elections proceed as per the final list of candidates
published on January 11, 2024, and the petitioners will not be excluded from participating in the scheduled elections.
While the court disposes of the present petition, it reserves the right for both the petitioners and Respondent Nos. 7 to 9 to pursue their statutory remedies regarding the impugned order dated January 13, 2024, in accordance with the provisions of the Multi-State Co-operative Societies Act, 2002. This comprehensive ruling ensures clarity on the procedural aspects of the upcoming cooperative society elections, bringing resolution to the legal dispute.
JUDGMENT NAME:- ARUN KUMAR MISHRA & ORS VS U.O.I
Name- Ali Asghar, Jamia Millia Islamia, 2nd year, intern under legal vidhiya.
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