DAGAJI BAPU GRAPE GROWERS CO-OPERATIVE SOCIETY LTD. & ANR. vs DISTRICT MAGISTRATE (SOUTH EAST), RETURNING OFFICER, NAFED & ORS.
$~111
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6830/2024, CM APPL. 28497/2024 & CM APPL. 28498/2024
DAGAJI BAPU GRAPE GROWERS CO-OPERATIVE SOCIETY LTD. & ANR. ….. Petitioner
Through: Mr. Kotla Harshavardhan, Advocate (through VC) with Ms. Rishbha Arora and Ms. Gayatri Gupta, Advocates
versus
DISTRICT MAGISTRATE (SOUTH EAST), RETURNING OFFICER, NAFED & ORS. ….. Respondent
Through: Mr. Udit Malik, ASC, GNCTD for R-1
Mr. Ripu Daman Bhardwaj, CGSC, UOI with Mr. Kushagra Kumar and Mr. Abhinav Bhardwaj and Mr. Yash Tyagi, G.P for R-2 and 3
Mr. Aaditya Vijay Kumar, Ms. Akshita Katoch and Mr. Pursoth Kannan, Advocates for R-4
Mr. Sudhir Nandrajog, Senior Advocate with Mr. Rajesh Srivastava and Mr. Pranay Mohan Govil, Advocates for R-5
% Date of Decision: 13th May, 2024.
CORAM:
HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ: (ORAL)
CM APPL. 28498/2024 (for exemption)
1. Allowed, subject to all just exceptions.
2. Accordingly, the present application stands disposed of.
W.P.(C) 6830/2024, CM APPL. 28497/2024
3. Present petition has been filed seeking a declaration that the omission of Petitioner No. 2s name from the final electoral list dated 06th May, 2024 is illegal and arbitrary. The Petitioners seek a direction to Respondent No. 1 i.e., the Returning Officer to restore Petitioner No. 2s name as the nominated representative of Petitioner No. 1 Society in the electoral list dated 06th May, 2024 and further, to permit Petitioner No. 2 to participate in the elections of National Agricultural Co-operative Marketing Federation of India Limited (NAFED) i.e., Respondent No. 4.
4. It is stated that vide notice dated 18th December, 2023, Respondent No. 1 announced the schedule of elections for the Board of Directors and office bearers of Respondent No. 4. It is stated that on 27th April, 2024, Respondent No. 1 published a provisional list of members who are eligible to vote and file nomination papers for the upcoming elections. It is stated that Petitioner No. 2s name was reflected in the provisional list of members as the delegate of the Society.
5. It is stated Respondent No. 5 on 04th May, 2024 filed an objection to Petitioner No. 2s nomination on the submission that registration of Petitioner No.1 Society itself stands cancelled on 31st December, 2021 by the competent authority and therefore, the instrument of nomination filed by Petitioner No. 1 Society is invalid and unlawful. Respondent No. 5 sought deletion of the name of Petitioner No. 2 from the provisional list dated 27th April, 2024.
6. It is stated that the aforesaid objections of Respondent No. 5 were accepted by Respondent No. 1 and in the final electoral list dated 06th May, 2024, Petitioner No. 2s name has been omitted.
7. Learned counsel for the Petitioners states that the competent authoritys order dated 31st December, 2021, cancelling Petitioner No. 1 Societys registration was assailed by Petitioner No. 1 vide Appeal Application No. A-40 of 2024. He states that in the said appeal, the operation of the order dated 31st December, 2021 was stayed vide interim order dated 23rd April, 2024 and this fact was confirmed on 06th May, 2024. He states that subsequently vide final order dated 07th May, 2024, the said appeal has been allowed and the order dated 31st December, 2021 has been set aside. He states that in these facts, the action of Respondent No. 1 in deleting the name of Petitioner No. 2 is illegal.
8. In reply, learned standing counsel for Respondent No. 1 states that the provisional list dated 27th April, 2024 was drawn up by the Returning Officer based on the voters list which forms basis of the last elections of Respondent No. 4. He states that this list was tentative and objections were invited for errors in the said list. He states that since the Petitioner No. 1 Societys registration had been struck off on 31st December, 2021, its inclusion in the provisional list cannot vest any rights in Petitioner No. 2. He further states that in view of the judgment of the Supreme Court in N.P. Ponnuswami v. Returning Officer, Namakkal Constituency and Ors.1, it is well settled that once the election process is notified, the same cannot and should not be intervened by the Court.
9. Similarly, in reply, learned senior counsel for Respondent No. 5 states that the Petitioners have suppressed from this Court that the final order of the competent authority initiating liquidation proceedings against the Petitioner No. 1 Society and appointing the Official Liquidator vide order dated 19th September, 2019 continue to subsist and have not been set aside. He states that in view of the said order the only person competent to represent Petitioner No. 1 Society is the Official Liquidator and therefore, this petition filed by Petitioner No. 2 is without any authority.
10. In rejoinder to the submissions of Respondent No. 5, learned counsel for the Petitioners states, on instructions, that the order of the competent authority dated 19th September, 2019 appointing an Official Liquidator has been challenged before the Appellate Authority and is pending adjudication. He states that there is no stay of the said order appointing the Official Liquidator. He states that the said fact has not been disclosed in the petition, as Petitioner No. 2 had not apprised the counsel.
11. Having heard the learned counsel for the parties and in view of the admitted position that the Official Liquidator stands appointed vide order dated 19th September, 2019, the present petition cannot be maintained by Petitioner No. 2. Section 103(3) of the Maharashtra Co-operative Societies Act, 1960, stipulates that upon appointment of an Official Liquidator, the officers of the Society vacate their offices and the general body of the Society cannot exercise any power. In view of the said statutory provision, the present petition filed on the basis of a letter of authority dated 09th May, 2024 is not maintainable.
12. Accordingly, the present petition along with applications is dismissed.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
MAY 13, 2024/msh/MG
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1 (1952) 1 SCC 94
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W.P.(C) 6830/2024 Page 2 of 2