Madhya Pradesh High Court
Rajesh Kushwaha vs State Cooperative Election Authority on 13 October, 2023
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 13 th OF OCTOBER, 2023
WRIT PETITION No. 25579 of 2023
BETWEEN:-
1. RAJESH KUSHWAHA S/O SHRI RAMKISHORE
KUSHWAHA, AGED ABOUT 34 YEARS,
OCCUPATION: AGRICULTURIST R/O GRAM
PANCHAYAT NAYAGAON TAHSIL AJAYGARH
DISTRICT PANNA (MADHYA PRADESH)
2. JAI PRASAD KUSHWAHA S/O SHRI PUNNA
KUSHWAHA, AGED ABOUT 26 YEARS,
OCCUPATION: AGRICULTURIST R/O GRAM
PANCHAYAT NAYAGAON, TAHSIL AJAYGARH,
DISTRICT PANNA (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI SAMDARSHI TIWARI - ADVOCATE)
AND
1. STATE COOPERATIVE ELECTION AUTHORITY
CONSTITUTED UNDER SECTION 57-C OF M.P.
COOPERATIVE SOCIETIES ACT 1960 THROUGH
THE DEPUTY COMMISSIONER COOPERATION
2ND FLOOR WING C SATPURA BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE REGISTRATION OFFICER, PRIMARY
AGRICULTURE CREDIT CO OPERATIVE SOCIETY
MYDT. NAYAGAON TAHSIL AJAYGARH, DISTRICT
PANNA (MADHYA PRADESH)
3. THE ADMINISTRATOR PRIMARY AGRICULTURE
CREDIT CO OPERATIVE SOCIETY MYDT.
N AYA G A O N TAHSIL AJAYGARH, DISTRICT
PANNA (MADHYA PRADESH)
4. THE ASSISTANT COMMISSIONER CO OPERATIVE
S O C I E T I E S DISTRICT PANNA (MADHYA
PRADESH)
Signature Not Verified
Signed by: SUDESH KUMAR
SHUKLA
Signing time: 10/13/2023
5:31:50 PM
2
.....RESPONDENTS
(BY SHRI ADITYA KHANDEKAR - ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The melancholy of the petitioners is that despite relentless efforts, proper voter list has not been prepared by the respondents.
Learned counsel for the petitioners submits that this Court in W.P.No.18530/2023 (Rakesh Kumar Dubey v. The State of M.P. & Ors.) on 20.11.2023 while disposing of the petition had directed the State Cooperative Election Authority to decide the pending objections, including the objection of petitioner therein, and if so required, modify and prepare fresh voter list.
Albeit, Shri Khandekar, appearing for the respondents, submits that he has moved an interlocutory application for modification of the order dated 20.11.2023 passed in said writ petition asking that instead of State Cooperative Election Authority, the objections may be directed to be decided by the appellate authority i.e. Deputy Commissioner District Jabalpur. He accentuates that before publishing the election programme, all objections are to be decided till 18.10.2023. He also drew attention of this Court towards an order dated 29.09.2023 wherein the appellate authority has been appointed for conducting the election of Board of Directors of the Society. Pinpointing the rules which envisage that it is the appellate authority which can consider the objections and if so required can modify the voter list of the Society, Shri Khandekar submits that direction may be issued to the appellate authority for considering the objections and passing appropriate orders thereon.
In view of the above, this petition is disposed of directing the appellate authority to consider the objections, including petitioners' objections, relatable Signature Not Verified Signed by: SUDESH KUMAR SHUKLA Signing time: 10/13/2023 5:31:50 PM 3 to voter list and take appropriate decision thereof on or before 18.10.2023 so that the election programme which is scheduled should be published and election can be conducted accordingly.
Before parting, it needs to be emphasized that the State Co-operaative Election Authority before whom objections have already been raised pursuant to earlier order of this Court, shall immediately forward all those objections to the appellate authority for observing the directives issued by this Court.
Petition stands disposed of.
(SANJAY DWIVEDI) JUDGE Sudesh Signature Not Verified Signed by: SUDESH KUMAR SHUKLA Signing time: 10/13/2023 5:31:50 PM