9911796707
TMI Blog2004 (10) TMI 633X X X X Extracts X X X X X X X X Extracts X X X X ..... a representation/objection to the concerned authorities contending therein that the defaulting members should not be given voting rights in the election of the Directors. A list of eligible voters for the ensuing election of the Directors was published. The appellant feeling aggrieved by the voters list published, which according to the appellant, contains the names of the persons who were defaulters, sent a representation dated 7.8.2002 to the Minister requesting him to de-list the names of any ineligible voters from the voters list. On 12.8.2002, the appellant again sent a representation to the Central Registrar to de-list the names of the non-eligible persons from the voters list. It is the case of the appellant that in spite of the representation having been made for delisting the names of the non-eligible persons from the voters list, the election was held on the basis of the electoral roll published on 17.8.2002 and respondents 1, 2 and 3 were declared elected as Directors of the Society. On 21st August, 2002 the appellant again sent a representation to Agriculture and Cooperation Minister, Govt. of India. New Delhi and raised therein an election dispute. The representation i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid order, has again approached the Delhi High Court and filed a writ petition which is C.W. 1583 and CMs Nos. 2598-2600 of 2003 alleging therein that the elections were held under the Act of 1984; objections were filed under the said Act and therefore representation ought to have been considered under the said Act, as there is no provision under the said Act for referring the election dispute to the arbitrator. The dispute could not have been directed to be referred for arbitration. The Division Bench of the Delhi High Court, took note of the submission of the appellant's counsel, has also recorded the submission made by Mr. V.P. Singh, learned counsel for the respondents that the respondents have no objection if the matter is referred to the Central Registrar under the Act of 1984 for deciding the disputes in terms of Sections 74(2)(c) and 74(3) of Multi State Cooperative Societies Act, 1984. The order further records that Mr. V.P. Singh says that if the dispute is barred by limitation, it will be open for the respondents to raise the said objection. The question of limitation will be decided by the Central Registrar. On these submissions the Court has issued the following di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irections were issued by the Delhi High Court by its order dated 28.2.2002. The Central Registrar concluded that in view of all the facts and correct understanding of the order of Delhi High Court the objection raised by the NCCF is rejected and the petition is admitted. 7. Feeling aggrieved by the decision rendered by the Central Registrar, respondents herein filed a writ petition in the High Court of Delhi which was registered as C.W. 3706 of 2003 - Virendra Singh and Ors. v. Union of India and Ors. The Division Bench by its order dated 19.12.2003 has set aside the order of the Central Registrar holding that the election dispute raised by the petitioner was clearly barred by limitation.. The Division Bench is of the view that the election dispute having been raised by the petition dated 30.4.2003 is apparently barred by limitation as having been filed beyond one month of the election dated 17.8.2002 as per Section 75(1)(d) of the Act of 1984. The Court has also held that the petitioner having not filed any application for condonation of delay in filing the election dispute beyond the period of limitation, the Central Registrar could not have exercised the power to condone the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a member of the Board, it shall be referred to Central Registrar for decision. Clause (d) of Section 75 postulates that the election dispute of the member of the Board of a multi-State Cooperative Society is to be raised within one month from the date of declaration of the result of the election. Sub-section (3) of Section 75 authorizes the Central Registrar for the sufficient cause to admit a dispute after the expiry of the period of limitation if the Central Registrar is satisfied of the sufficiency of the cause of raising the dispute beyond the period of limitation. In the present case it is apparent that the dispute has been raised prior to conduct and declaration of the result of election by the appellant by making representation on 23.7.2002 and 7.8.2002 and on other dates regarding validity of the electoral roll for the conduct of the election and on 21.8.2002 after the election has been held. The appellant approached the Delhi High Court by way of writ petition also. A direction was issued by the Delhi High Court by its order dated 28.2.2003 in specific terms that the representation of the petitioner raising dispute or any other petition containing the dispute regarding set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1951. 10. In the matter of applicability of the procedural rigors the Constitution Bench of this Court in Sardar Amarjeet Singh Kalra (dead) by Lrs. and Ors. v. Pramod Gupta (Smt)(Dead) by Lrs. and Ors. [2002] SUPP 5 SCR 350 has observed that laws of procedure are meant to regulate effectively, assist and aid the object of substantial and real justice and not to foreclose even an adjudication on the merits of substantial rights of citizen under personal, property and other laws. With the march and progress of law, the new horizons explored and modalities discerned and the fact that the procedural laws must be liberally construed to really serve as handmaid, make it workable and advance the ends of justice, technical objections which tend to be stumbling blocks to defeat and deny substantial and effective justice should be strictly viewed for being discouraged, except where the mandate of law inevitably necessitates it. It follows from the decision by the Constitution Bench that the procedure would not be used to discourage the substantial and effective justice but would be so construed as to advance the cause of justice. The consolidated petition filed on 30th April, 2003 filed ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
