HARIDAS Vs. ALLEPPEY URBAN CO OPERATIVE BANK LTD

JUDGEMENT

(1.) The Election to the Board of Directors of the 1st respondent was scheduled to be held on 23-6-1991. The last date of receipt of nomination paper was 13-6-1991 and the scrutiny of the same was to take place on 14-6-1991. The election notification Ext P1 was published in Kerala Kaumudi Malayalam daily on 25-5-1991. The petitioner submitted his nomination paper to the 2nd respondent. There were 32 nomination papers, and on 14-6-1991 when second respondent was scrutinising the 13th nomination paper a stranger trespassed into the office room and snatched away the nomination paper. The 2nd respondent informed the police and also sent message to 3rd respondent requesting as to the further steps to be taken in the matter. After the snatching of the nomination paper the 2nd respondent stopped the proceedings. The 2nd respondent published Ext. P3 in the notice board to the effect that the further proceedings of the conduct of the election to the Board of Directors are stopped until further orders. The petitioner, therefore, filed this original petition seeking to issue a writ of mandamus or other appropriate order or direction, directing the respondents 2 to 3 to hold the election to the Board of Directors on a date prior to 30-6-1991.

(2.) Learned counsel for the petitioner submitted that the 2nd respondent was not right in stopping proceedings and that he is bound to proceed with the election process from the stage at which it was interrupted. On the other hand the learned Government Pleader contended that, in the given circumstances the only course open is to conduct a fresh election after taking all steps under R.35 of the Cooperative Societies Rules (for short 'the rules').

(3.) The procedure regarding the conduct of election to the committee of the Society is laid down in R.35 of the rules. In the context, the relevant sub-rules are R.35(3)(e)(v) and (p) which reads: