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TMI Blog2001 (9) TMI 1077X X X X Extracts X X X X X X X X Extracts X X X X ..... oll of the society. For that purpose, the Collector announced the programme for finalisation of the electoral roll of the society. On 4th of June, 1999, the provisional electoral roll was published. The objections against the provisional voter list were invited till 14th of June, 1999, which were required to be decided by 23rd of June, 1999 and the electoral roll was to be finalised and published on 2nd of July, 1999. The State Government on 8.6.1999 passed an order under Section 73 (1) (B) of the Act staying the elections in the cooperative societies in the State on account of rainy season. It was indicated in the said order that where nomination papers have not yet been filed the elections shall stand postponed till 30th September, 1999. In pursuance thereof, wireless message was sent to all the co-operative societies about the decision taken by the State Government. It appears that certain objections against the publication of the provisional electoral roll of the society was filed which allegedly was considered by the authority on 23rd June, 1999. On 29th June, 1999, the Collector, Ahmednagar informed that as per the Government order dated 8.6.1999, the election scheduled to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal is not competent to go into the validity or otherwise of an electoral roll in an election petition. Therefore, the only remedy available to the appellants is to file writ petition under Article 226 of the Constitution. On the arguments raised by the learned counsel for the parties the questions that arise for consideration are : (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; and (2) 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. Before we consider question no. 1, it is necessary to look into the relevant provisions of the Act and the Rules framed thereunder. Chapter XIA of the Act deals with the election of committee of management and officers of certain societies. Section 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ategories mentioned in clauses (i) (v) (vi) and (vii) of sub-section (1) of Section 73G, and in consultation with the District Deputy Registrar in respect of the societies of the other categories mentioned in sub-section (1) of Section 73G, by order, change the date of the 30th June and subsequent dates and fix revised dates for the purposes of these rules. 5. Particulars to be included in provisional list of voters. (1) The provisional list of voters, in the case of individual shareholders shall contain the names, fathers or husbands name, surname (if any) of every person entitled to be registered as a voter, with such other particulars as may be necessary to identify him. (2) Where a society is a member of a specified society, the specified society shall call for the name of the delegate duly authorised to vote at an election on behalf of the affiliated society, so as to reach it by the 2nd July. While communicating the name of its delegate to the specified society, the affiliated society shall enclose a copy of the resolution of the society or its committee under which the delegate is so authorised. The specified society shall include in the list of voters the names of all su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the District Deputy Registrar give his decision in writing to the persons concerned, before the first date fixed for making nominations. If the Collector decides that the name of the applicant should be registered as a voter, he shall accordingly modify the list finalized by him earlier under sub-rule (4) and the list so modified shall then be treated as the final list of voters. (7) Final list of voters. Copies of the final list of voters of every society shall be displayed on the notice-board of offices of the Collector, the District Deputy Registrar and the society. (8) Power to Collector to alter dates for list of voters.-- Notwithstanding anything contained in the foregoing rules, the Collector may, in the case of all or any of the societies of the categories mentioned in clauses (i), (v), (vi) and (vii) of sub- section (1) of Section 73G in consultation with the Registrar, and in the case of all of any of the societies of the categories mentioned in other clauses of sub-section (1) of Section 73G in consultation with the District Deputy Registrar, by general or special order, alter all or any of the dates prescribed therein and appoint such revised dates as he deems f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. Similar view was taken in Shivnarayan Amarchand Paliwal vs. Vasantrao Vithalrao Gurjar and Ors. 1992 (2) (vol 30) Maharashtra Law Journal, 1052. However, in Karbhari Maruti Agawan and Ors. vs. State of Maharashtra and Ors. 1994 (vol 2) Maharashtra Law Journal, 1527, although it was held that the preparation of the list of voters is an intermediate stage in the process of election, but that does not debar the High Court to entertain a petition under Article 226 of the Constitution challenging the validity of the electoral roll. It appears that the consistent view of the Bombay High Court on the interpretation of Chapter XIA of the Act and the Rules framed thereunder is that the preparation of electoral roll is an intermediate stage of the election process of the specified societies. This being the consistent view of the High Court on the interpretation of provisions of a State Act, the same is not required to be disturbed unless it is shown that such a view of the High Court is palpably wrong or ceased to be good law in view of amendment in the Act or any subsequent declaration of law.We are, therefore, of the view that the preparation of the electoral roll for election of the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s provided for in Rule 34 of Delhi Council Election Rules.This is not an appropriate and adequate alternative remedy to defeat the writ petitioner on that account. Firstly, no clause of Rule 34 covers challenging of the election on the ground it has been done in this case. Secondly, the Election Tribunal will not be competent to declare any provision of the Election Rule ultra vires and invalid. In the aforesaid case, this Court held that a writ petition under Article 226 of the Constitution should not be rejected on account of an alternative remedy by way of election petition where, firstly, the challenge is not a ground under the Act or Rules for filing an election petition and, secondly, where the validity of a rule is challenged being ultra vires and invalid. It is true that a tribunal being a creature of an Act or the Rules has a limited jurisdiction and it is not open to a tribunal to decide the validity of the Act and the Rules.But, that is not the case here and, therefore, the decision in the case of Bar Council of India & Ors. vs. Surjeet Singh & Ors. (supra) is of no help to the case of the appellant. In the case of Ramchandra Ganpat Shinde & Anr vs. State of Maharashtra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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