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Judgment
Sanjay K. Agrawal, J
Learned counsel for the petitioner submits that the Election of Co- operative Marketing Society, Bemetara is going to be held on 07.01.2018 and the
petitioner who is a member of the said Society has been declared ineligible for participating in election of Board of Co-operative Marketing Society,
Bemetara on the basis of complaint that he does not own his agricultural land in Bemetara and as such the election is apparently contrary to law and in
absolute violation of the provisions contained in Chhattisgarh Co-operative Societies Act, 1961 and the bye-laws framed which has been filed as
Annexure-P/5, therefore, the impugned election is liable to be set aside.
I have heard learned counsel for the petitioner.
On being asked as to whether the petition is maintainable as admittedly the election process has commenced, learned counsel for the petitioner
submits that as the election is in violation of the laws and bye-laws framed, therefore, the petition is maintainable.
It is well settled law that once the election process has commenced, the writ petition cannot be entertained and the remedy available to the
petitioner is to file an election petition after the election is over (see Shri Sant Sadguru Janardan Swami Sahakari Dudh Utpadak Sangh v. State of
Maharashtra (2001) 8 SCC 509 ).
In view of the above, the instant writ petition is dismissed as not maintainable. However, the petitioner is at liberty to file an election petition after
result of election is declared. No order as to cost(s).