Authorities must prepare the voter list and complete the cooperative society election within 60 days.

The petitioner sought a writ of mandamus directing the respondent authorities to resume and complete the election process of the Balodabazar Vikas Khand Sahakari Vipanan (Marketing) Sanstha Maryadit, Balodabazar.

The election process commenced pursuant to an order dated 13.02.2023 issued by the State Cooperative Election Commission.

After completion of the requisite formalities, the petitioner and Atmaram Sahu were declared elected unopposed on 06.03.2023; however, elections for the remaining posts were repeatedly postponed and the Board of Directors was not fully constituted.

The petitioner contended that the non-completion of the election adversely affected the functioning of the Cooperative Society despite subsequent directions of the State Cooperative Election Commission.

Respondent No. 2 submitted that the process was continuing and that elections would be conducted after preparation of the voter list, in accordance with the applicable rules and procedure.

Whether the respondent authorities should be directed to resume and complete the pending election process of the Cooperative Society within a stipulated period.

Whether the authorities were required to prepare the voter list and thereafter issue the election programme and conduct the remaining election in accordance with the applicable statutory rules and procedure.

The Court applied the general principles governing the conduct of cooperative-society elections under the applicable statutory provisions, rules and prescribed election procedure, including preparation of the voter list, issuance of the election programme or notice, and conduct of the election by the competent authorities.

The Court exercised its writ jurisdiction to issue appropriate procedural directions for completion of a pending statutory election process.

The Court noted that the election process had remained incomplete since its initiation in 2023 and that only the petitioner and one other candidate had been declared elected unopposed, while elections for the remaining posts had not been concluded.

In view of the respondent Election Commission’s submission that the process would proceed after preparation of the voter list, the Court considered it appropriate to direct the authorities to undertake the necessary statutory steps rather than adjudicate the merits of the petitioner’s claims.

Accordingly, it required preparation of the voter list, followed by issuance of the election programme or notice and conduct of the election in accordance with law.

The entire exercise was directed to be completed within 60 days from the date of receipt of a certified copy of the order.

The Court clarified that it had expressed no opinion on the merits of the petitioner’s claim and made no order as to costs.