Rajendra Kumar Singh vs Registrar, Co-operative Societies and Others

Satya Poot Mehrotra and Zaki Ullah Khan, JJ.—We have heard Sri M.K. Dubey, holding brief for Sri K.K. Tripathi, learned counsel for the petitioner and the learned standing counsel appearing for the respondent Nos. 1 to 4 and 6. The present writ petition has been filed by the petitioner, inter alia, praying for quashing the order dated 10.1.2013 whereby Elections in respect of the Co-operative Society in question have been notified. The ground for challenge is that the Constituencies have been wrongly finalized.

From the averments made in the writ petition, it is evident that the Elections have already been notified in respect of the Co-operative Society in question. It is thus, evident that the election process has already commenced.

As the election process has already started, we are of the view that it will not be appropriate for this Court to exercise its Writ Jurisdiction under Article 226 of the Constitution of India, so as to hinder the on-going election process.

After the elections are over, it will be open to the petitioner to pursue such remedy as may be available to the petitioner under Law before appropriate forum for seeking appropriate reliefs for redressal of his alleged grievances, as raised in the present writ petition. The writ petition filed by the petitioner is liable to be dismissed, and the same is accordingly dismissed subject to the observations made above.