Narendra Singh @APPELLANT@Hash State Of Uttarakhand & Others

1.,"Sale and receipt of the nomination

Papers for election of Chairman, Vice-

Chairman and delegates of the

committee of management",23.07.2018,"From 10 am to 12

noon",--

2.,Scrutiny of nomination papers received,23.07.2018,12 noon to 01 pm,

3.,Filing of objections on nomination papers,23.07.2018,From 01 pm to 02 pm,

4.,Disposal of objections,23.07.2018,02 pm to 03 pm,

5.,Withdrawal of nomination,23.07.2018,03 pm to 03:30 pm,

6.,Display of valid nomination papers,23.07.2018,3:30 pm,

7.,Allotment of election symbols,23.07.2018,04 pm to 04:30 pm,

8.,Voting,23.07.2018,04:30 pm to 05:30 pm,

9.,Counting of votes,23.07.2018,"Immediately after

polling",

10,Declaration of election result,23.07.2018,"Immediately after

counting",

an Election Officer. However, the Election Officer postponed the election, inter alia, as certain unruly elements entered the office and disrupted the",,,,

proceedings, thereby disturbing the peace in the election process. As a result of which, he was not able to conduct the election process, consequently",,,,

he has postponed the election exercising his power under the Rules. This Court has also been informed that the next date fixed for the elections is,,,,

20/21.08.2018. In view thereof, no interference is liable to be made.",,,,

The only question before this Court is that from which stage the election is to be held now.,,,,

The power to postpone and cancel of such elections is given to the election officer under the Rules framed by the State Government known as,,,,

Uttaranchal Co-operative Societies Rules, 2004. The relevant Rules are 440, 441 and 449 which read as under:-",,,,

“440. If polling or any proceedings of election get disrupted due to riots or open violence at the place of polling or holding election is not possible at,,,,

any place due to any natural calamity or any other cogent reasons, the Election Officer appointed for such election, shall declare postponement of",,,,

election till next date to be notified later. The information of such postponement shall be given to the District Magistrate and the Registrar immediately,,,,

on which the Registrar shall fix the new date for the election.,,,,

Where the State Government is satisfied that circumstances exist which render it difficult to hold the election on the date fixed by the Registrar, it",,,,

may direct the Registrar to postpone the election and thereupon the Registrar shall postpone the election and all proceedings with reference to election,,,,

shall be commenced afresh in all respect:,,,,

Provided that if nominations have been finalised and symbols have been allotted, the process of election shall continue and poll shall be held on such",,,,

date as the Registrar may fix.,,,,

If for any reason the election officer of any society has been disrupted by the District Magistrate, or the Election Officer, the process of election",,,,

shall commence from the stage at which it is disrupted or from a stage prior to that or de novo as the Registrar may decide:,,,,

Provided that if nominations have been finalised and symbols have been allotted, the process of election shall continue and poll shall be held on such",,,,

date as the Registrar may fix.â€​,,,,

The proviso to the rule 449 clearly determines that in case where the election symbols have been allotted, the process of election shall continue and",,,,

poll shall be held only from that stage as the Registrar may fix. Meaning thereby that it will not start de novo and it will be from the next date which is,,,,

fixed, from the point of disruption.",,,,

Learned counsel for the authority Sri Paresh Tripathi would argue that the powers have been given under the Rules to the Election Authority or,,,,

the concerned authority which in the present case would be the Election Authority to take a decision whether the election shall be de novo or from the,,,,

point such a disruption had taken place. Undoubtedly, these decisions have to be taken judicially after taking into consideration all the relevant factors.",,,,

In this case, in my considered view definitely elections cannot proceed de novo as such powers have only been given to the State Government in",,,,

an emergency condition which is visualized under Rule 441, though even there the proviso clearly stipulates that it will not be de novo but the process",,,,

shall commence from the point of disruption if the election symbols have already been allotted but the bare reading of Rules 441 and 449 as well the,,,,

intent and the purpose of the entire election exercise and the Rules and the Act for the purpose show that the primary purpose is to expedite the,,,,

elections. Therefore, in my considered view in the present case as well, the process of election will not start de novo, but the process of election will",,,,

only commence from the point the proceedings were disrupted.,,,,

In this case, prior to the disruption which occurred on 16.07.2018, all procedures which had to be completed by previous dates (i.e. on 15.07.2018)",,,,

had already been completed i.e. objections to the nominations have been decided and the list has been displayed. What remained to be done on,,,,

16.07.2018 were nominations to be withdrawn and final nomination list to be displayed and election symbols had to be allotted, but this could not be",,,,

done.,,,,

Considering the facts and circumstances of the case, I am of a considered view that the elections should resume from the point of disruption.",,,,

Therefore, the process which will start in the present case on 20-21.08.2018 (as the case might be) will be from the stage i.e. the candidates will be",,,,

given an opportunity to withdraw their nomination papers if they so desire and thereafter the final list will be displayed and election symbols will be,,,,

allotted and further election process thereafter shall continue in accordance with law.,,,,

With the observations/directions as above, the writ petition stands disposed of finally.",,,,