Registrar Cooperative Societies

Registrar was not bound to necessarily send the matter to civil court and he had jurisdiction to decide the matter himself or through his nominee

Jurisdiction of Registrar was never challenged by petitioner before lower forums, therefore, it was not allowed to do so at such stage when two forums had already decided against petitioner

Petitioner filed suit against respondent before civil court regarding property in dispute which was withdrawn by petitioner after 3 months

Such fact was neither disclosed before High Court nor record of the same was appended

Such material fact concealed by petitioner from Court was with mala fide intention

If a party had not come to Court with clean hands, such party was not entitled to any relief

Concurrent findings of law and fact against petitioner, which were immune from interference by High Court unless there was some gross illegality which could not be pointed out by petitioner

High Court declined to interfere in concurrent orders passed by two forums below

Constitutional Petition was dismissed, in circumstances.

Registrar Cooperative Societies was the Authority under S. 3(7) of Co-operative Societies Act, 1925, and had suo motu powers under S. 64 (A) of Co-operative Societies Act, 1925, to call for record of any proceedings or process carried out by any subordinate officer

Registrar, Cooperative Societies had the authority to examine legality of election process, therefore, order of scrapping elections was within the four corners of law

Scrutiny of nomination papers and legality was to be determined by Election Commission, therefore, orders of rejecting nomination papers was set aside

Election process having not been carried out by Election Commission, therefore, the same was without lawful authority

Constitutional petition was dismissed accordingly.