JUDGMENT
A.L. Bahri, J.
1.Replication taken on record.
2. The petitioner approached this Court before actual election of the members of the Executive Committee of Co-operative Societies were held with a grouse that in the election programme Annexure
P-1 a clause 4 was inserted which was against the statutory rules and thus, the election should be postponed. Clause 4 as inserted in Annexure P-1 reads as under:-
“Any member who is defaulter in respect of loan or share would not have, the right of vote or stand as candidate. Any member who has not done business with the Society of at least Rs. 500/- as deposit or loan for a minimum period of 90 days in a period of one year preceding the election would not have the right to vote or stand as candidate.”
The allegation of the petitioner is that a number of persons who may have been inactive members were not included in the voters list and this deprived them of their right to vote, although being an inactive member, a person, could not contest the election. It may be observed that during the pendency of the writ petition, the election has been held on March 1, 1994. Since the election of members of the Committee of the Society, has already been held, we restrain from commenting in detail over the applicability of instruction No. 4 as reproduced above. Such a matter can be raised by challenging the election of the elected members in the election petition.
3. In exercise of the powers under Article 226 of the Constitution, it is not considered appropriate to grant any relief in this writ petition, as broadly speaking, on improper preparation of electoral rolls election cannot be set aside and that too, at the instance of a person against whom, clause as reproduced above is not operative. As already observed above, the condition whatever it was on the voters and not against the contestors. The allegations that the petitioners was not included in the electoral roll and, hence, election should have been postponed and if election has taken place to quash the same, cannot be accepted.
4. With the above observations, this writ petition is dismissed with liberty to the petitioner, if so advised to challenge the election in an election petition