LAKSHMANAN Vs. ROY ALEXANDER

JUDGEMENT

(1.) The petitioners (five in number) in O.P.No. 9510 of 1992 are the appellants in this writ appeal. They assail the judgment of the learned single Judge dated 11-8-1992 declining to exercise the jurisdiction under Art. 226 of the Constitution of India, relegating them to the pursuit of the statutory remedy provided by section 69 of the Co-operative Societies Act.

(2.) We heard counsel for the appellants, Mr.C.S. Ananthakrishna Iyer.

(3.) The appellants arc members of the third respondent society. Election to the Managing Committee of the society was held on 27-6-1992. The list of eligible voters was published and objections were invited. Nomination papers were also called for and polling was conducted as scheduled. It is stated that the nomination papers of respondents 4, 5 and 7 should riot have been accepted, since they were disqualified having been indebted to other co-operative societies. The objections were overruled and the nomination papers were accepted. It is also stated that two voters voted twice. Their votes, polled on the second occasion, were treated as 'challenged voles'. Two candidates secured equal number of votes. The Returning Officer decided the winner by tossing the coin and not by drawing lots. In the meeting of the Managing Committee held on 1-7-1992, the first petitioner was elected as the GPresident. Another meeting was convened on 15-7-1992,wherein the fourth respondent was elected as the President. This is illegal The entire process of election was challenged. The appellants prayed for the issue of a writ of certiorari to quash the election results and to declare that respondents, 4, 5 and 7 arc disqualified to contest the election. The election of the fourth respondent as the President on 15-7-1992 was also sought to be quashed. A declaration that the first petitioner is the duly elected President was also claimed.