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TMI Blog1993 (8) TMI 304X X X X Extracts X X X X X X X X Extracts X X X X ..... Maharashtra Specified Cooperative Societies Elections to Committee Rules, 1971 for short, 'The Rules'. The Dist. Collector accordingly initiated the process pursuant to which the society submitted to the Collector on October 18, 1991 the List of Voters as on June 30, 1991. Thereon the Collector issued the following programme to finalise the list of voters. November 12, 1991 was fixed as the date to display on the notice board of the provisional voters list inviting claims or objections or suggestions for the inclusion or omission from the provisional list. November 20, 1991 was the last date to present such claims or objections to the Collector in terms of Rule 6(2) of the Rules. The Collector had to take a decision therein under Rule 6(4) on December 7,1991 and the final list of the voters should be published under Rule 7 on December 17, 1991. In terms of the programme the provisional list was published on November 12,1991 and after consideration of the objection or claims the final list was published on December 17, 1991. 3. The Government in exercise of its power under Section 77-IB of the Act postponed the conduct of election to the committees of all Cooperative Soc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts in this appeal. A.K. Patil, Chairman, respondent No. 5 was served on December 23, 1992. More, 6th respondent was served on December 18, 1992 and Mule, 7th respondent was served on December 16, 1992. They did not appear either in person or through counsel. The Society was represented by counsel. Rule 4(1) of the Rules provides thus: 4(1) A provisional list of voters shall be prepared by every society for the year in which general election is due to be held. Persons who are members as on the 30th June of the year immediately preceding the year in which such election is due shall be included in the provisional list. If different constituencies are provided in the bye-laws, the names of voters shall be arranged constituency wise as laid down in the bye-laws: Provided that, if any case, the preparation of the provisional list of voters falls due after the expiry of a period of six months from the 30th June, the Collector may, in consultation with the Registrar in respect of the societies, of the categories 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 the oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal list of voters to be valid, he had no option but to abide by the direction and to conduct the election in terms thereof. As staled earlier that though respondents 5 to 7 were served, they did not file any counter denying the allegations of the appellants made against them. 6. We have already noted that under Rule 4 provisional list of voters shall be prepared by every society in the year in which general election is due to be held . It is not due under law as contended for the Society. What is the meaning of the above quoted phrase is to be gathered from the statutory operation of the law. The term of the Managing Committee was to expire on December 3, 1991. Under the Act the election to the managing committee of the society shall be held under Section 73G before the expiry of the term in accordance with the provision in chapter 11A of the Act, the Rules and the bye-laws of the society. The year in which the general election due is, therefore, the year 1991. If the elections were not conducted before its expiry, by operation of Sub-section 2B of Section 73G, the members of the existing committee should cease to hold office on its expiry of extended term as the case may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also had issued instructions on September 28, 1992 that in case the provisional list was approved and the final list was published prior to the postponement of the election, the election should he conducted in accordance with the final list published under Rule 7 of the Rules. 7. It would be obvious that A.K. Patil, Ex-Chairman of the defunct committee with a view to gel over that impediment and to enable newly admitted 2000 members alter December 17, 1991, set up More, a co-director and Mule, alleged to be his friend, got filed the first writ petition and obtained a direction to conduct election following its heels got filed second writ petition with a format of legal process but immediately Patil intervened and appeared on the very date of admission; put forth consent order and obtained the order from the court to conduct election as per the provisional list existing as on June 30, 1992 and got issued the direction to the Collector with the mandate to conduct election in accordance with that list. It was specifically alleged that Patil colluded with More and Mule, abused the process of the court, played fraud on the court and obtained minutes order by consent without knowledg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... constituent power and jurisdiction. It is neither a void nor voidable order. As seen no fault could be found in the format of legal process in the pleadings and the reliefs sought for. But when it came up for admission, by consent, orders of minutes were drawn up which have become foundation for avoidance :of mandate of Rule 4(1) of the Rules. It is not a case of irregularity in the exercise of the jurisdiction so as to set it right by a review. Since the petitioners therein, namely, More and Mule being henchmen of Patil cannot be expected to invoke the review jurisdiction of the court. Third party has no right to file an application for review. Obviously in this backdrop the order being vitiated by collusion at the behest of Patil, More and Mule, the appellants, instead of filing an appeal under Article 136 with leave of the court, appears to have sought the remedy by way of filing a fresh writ petition under Article 226 and sought modification of the order so that the order of the court in the second writ petition would be in conformity with Rule 4(1) of the Rules. 10. Obviously finding the piquant situation in which Patil, More and Mule have been placed themselves, Sri Ashok ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rts and not in the legislature that our citizens primarily feel the keen, the cutting edge of the law. If they have respect for the work of their courts, their respect for law will survive the short comings of every other branch of the Government; but if they lost their respect for the work of the Courts, their respect for the law and order will vanish with it to the great detriment of society. (vide the Judicial Process by H.J. Abraham, p.3) 12. Respect for law is one of the cardinal principles for an effective operation of the constitution, law and the popular Government. The faith of the people is the source and succour to invigorate justice intertwined with the efficacy of law. The principle of justice is ingrained in our conscience and though ours is a nascent democracy which has now taken deep roots in our ethos of adjudication - be it judicial, quasi-judicial or administrative as hallmark, the faith of the people in the efficacy of judicial process would be disillusioned, if the parties are permitted to abuse its process and allowed to go scot free. It is but the primary duty and highest responsibility of the court to correct such orders at the earliest and restore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f completing the process of counting being undertaken provided the results are not. announced . S.L.P. was directed to be listed on July 30. 1993. Thus we have heard the S.L.P. 15. Sri Ashok Desai contended that Section 144T provides remedy of election petition. The specified officer is empowered to decide the election dispute expeditiously and his decision shall be final and conclusive. The writ petition, therefore, is not maintainable. It is further contended that every grower of sugarcane within the area of the operation of the society is entitled to become a member of the society. The State Govt. postponed the election due to drought etc. from time to time upto September 30, 1992. In the interregnum the growers that became members of the society become entitled to participate in the democratic process of exercising their franchise to elect the members to manage the affairs to the committee. The Court, therefore, with a view to enable them to participate in the election process and to elect members of their choice permitted to incorporate their names in the provisional voters list as on June 30, 1992, since elections were not held till September 30, 1992. The words general e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ress (I) that the appellant was allotted symbol of 'hand'. The Returning Officer issued errata accordingly. Calling in question the errata the respondent filed the writ petition which was dismissed by a Single Judge and on appeal the division bench allowed the writ petition and quash the Errata. When the matter was brought by special leave under Article 136, this Court held that T.N. Panchayats Act, 1958 and the Rules provided forum to decide election disputes though alternative forum does not have the effect of overriding the powers of the High Court under Article 226 (emphasis supplied) but it may be taken into consideration in determining whether it would be appropriate for the High Court to exercise its powers under Article 226 in a particular case. Taking an overall view of the facts, this Court held that the exercise of the jurisdiction under Article 226 cannot be supported and the validity of the election should be decided in the alternative forum provided under that Act. Accordingly the appeal was allowed. Therefore, this Court held that there is no constitutional bar in the exercise of the jurisdiction in respect of election to local bodies. It is equally sound exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court held that though the order was not legal but being for bona-fide self-occupation, this Court declined to exercise the power under Article 136 and dismissed the appeal. The ratio therein has no application to the facts of this case. For an order obtained by abuse of the process of the court or by playing fraud or collusion, this Court should not countenance such an argument and should not allow such an order to remain operative for a moment. We are no equally impressed with the argument that the respondent now became aware that Mr. Patil secured more than 4 to 5 thousand votes though the invalid votes are only of 2 thousand, being of the members admitted after December 17, 1991, and that should be a factor for our declining to exercise the power under Article 136 to set aside the order of the High Court or the elections conducted pursuant to the permission granted by this Court. In our view, acceding to it would amount to putting a premium on fraud, collusion or abuse of the process of the court creating disbelief and disillusionment of the efficacy of judicial process and rule of law and a feeling would be generated that persons capable to manoeuvre and abuse the judicial pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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