Madhya Pradesh High Court: The Division Bench of Ravi Malimath, CJ. and Dinesh Kumar Paliwal, J. allowed an appeal which was filed aggrieved by the dismissal order of the petition by the Single Judge.
Respondents had filed an election dispute before the Registrar Co-operative Society, Bhopal challenging their election to the Board of Directors. During the pendency of the dispute, an application was filed by the respondents therein under Order VII Rule 11 read with section 151 of the Code of Civil Procedure seeking dismissal of the petition. While considering the said application, an interim direction was issued by the Registrar Co-operative Society, Bhopal to the effect that new members will not be admitted. That they will not allot plot to any new members and they will not take any policy decision. Thus, the instant petition was filed questioning the same. Single Judge had dismissed the petition.
The Court noted that the dispute pending with the Registrar was that of the election of the writ petitioner and others to the Board of Directors. The Court was of the opinion that whether it prejudices anybody or it is in the interest of the society or not, the power cannot be exercised by the concerned authority in an election petition but it does not mean that none of the members has any right to seek for any relief against the contesting respondents.
The Court set aside the order and allowed the appeal holding that Registrar who was trying the election dispute was exercising the power of the election tribunal. Therefore, he could not have passed orders even though it was in the interest of society. Respondent was however at liberty to file requisite application seeking appropriate relief before the appropriate authority.[Vikas Tiwari v. State of Madhya Pradesh, Writ Appeal No. 182 of 2022, decided on 28-02-2022]
For the appellant: Mr Anil Lala
For the respondents: Mr Suyash Thakur, Mr Sanjay K Agrawal