2001 (9) TMI 1077 - SC - Indian Laws

Whether the preparation of the electoral roll for electing members to the managing committee of a specified society under the provisions of the Act and rules framed thereunder is an intermediate stage in the process of election? If the answer to the first question is in the affirmative, whether the High Court should interfere with the preparation of an electoral roll in a petition under Art.226 of the Constitution or decline to interfere in the matter leaving the parties to get the matter adjudicated by the tribunal by filing an election petition after declaration of result of the election? Held that - Appeal dismissed. We are in agreement with the view taken by the High Court that the appellant having an alternative remedy, the writ petition deserved dismissal. Preparation of the electoral roll is being an intermediate stage in the process of election of the managing committee of a specified society and the election process having been set in motion, it is well settled that the High Court should not stay the continuation of the election process even though there may be some alleged illegality or breach of rules while preparing the electoral roll. It is not disputed that the election in question has already been held and the result thereof has been stayed by an order of this Court, and once the result of the election is declared, it would be open to the appellant to challenge the election of returned candidate, if aggrieved, by means of an election petition before the election tribunal.

Summary

Issues Involved:
1. Whether the preparation of the electoral roll for electing members to the managing committee of a specified society under the provisions of the Act and rules framed thereunder is an intermediate stage in the process of election.
2. If the preparation of the electoral roll is an intermediate stage, whether the High Court should interfere with the preparation of an electoral roll in a petition under Article 226 of the Constitution or leave the parties to get the matter adjudicated by the tribunal by filing an election petition after the declaration of the result of the election.

Issue-wise Detailed Analysis:

1. Intermediate Stage in the Process of Election:
The court examined whether the preparation of the electoral roll constitutes an intermediate stage in the election process. It was emphasized that Chapter XIA of the Maharashtra Cooperative Societies Act and the corresponding rules specifically address elections for specified societies under Section 73G of the Act. Section 144X explicitly states that various stages of election include the preparation of the list of voters. The court noted that the rules provide a comprehensive code for the election process, starting from the preparation of the provisional voters list to the declaration of the election results. The court cited previous judgments from the Bombay High Court, which consistently held that the preparation of the electoral roll is an intermediate stage in the election process. The court agreed with this interpretation, confirming that the preparation of the electoral roll is indeed an intermediate stage in the election process for constituting the managing committee of a specified society.

2. High Court's Interference with Electoral Roll Preparation:
The court addressed whether the High Court should interfere with the preparation of the electoral roll under Article 226 of the Constitution. The appellants argued that the electoral roll was not prepared in accordance with mandatory rules, and thus, the election should be set aside. The respondents contended that since the election process had already commenced, the appellants should seek remedy through an election petition under Section 144-T of the Act. The court examined Rule 81 of the Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971, which provides grounds for declaring an election void due to non-compliance with the Act or rules. The court concluded that any breach of rules in the preparation of the electoral roll could be challenged through an election petition after the declaration of election results. The court distinguished the current case from other cited cases, noting that the tribunal under the Act has the jurisdiction to address breaches of rules in the electoral roll preparation. Consequently, the court held that the High Court should not interfere with the election process once it has commenced, and any grievances should be addressed through an election petition.

Conclusion:
The Supreme Court dismissed the appeal, agreeing with the High Court's decision that the preparation of the electoral roll is an intermediate stage in the election process and that the appellants have an alternative remedy through an election petition. The court emphasized that the High Court should not stay the election process due to alleged illegalities in the electoral roll preparation. The appeal was dismissed with no order as to costs.