NARAYANA PILLAI Vs. JOINT REGISTRAR

JUDGEMENT

(1.) Petitioner's nomination was rejected by the Returning Officer (second respondent) on the ground that he is a defaulter to the Society as a surety. It is the case of the petitioner that he has not taken any loan from the Society, that he was a surety for one of the members of the Society and that there cannot be any question of default in the payment of the loan as recovery has been effected pursuant to attachment of the salary. Petitioner filed his nomination to contest from the general constituency to the Managing Committee of the Society and on scrutiny on 3-12-1992 it was rejected.

(2.) Contention of the petitioner is that no notice was given to him as provided under R.44(2)(a) of the Kerala Cooperative Societies Rules and so long as that was not done the rejection of the nomination can never be justified. Learned Government Pleader pointed out that no such notice is necessary in a case where a member of the Society seeks election to become a member of the Managing Committee.

(3.) The question that arises for consideration is whether notice contemplated under the proviso to R.44(2)(a) is mandatory in a case where a member of the Society seeks election to become a member of the Managing Committee. R.44(1) states that no member of the society shall be eligible for being elected or appointed as a member of the committee of the society under S.28 if he suffers from any of the disqualifications enumerated thereunder. Sub-rule (1)(c)(i) makes the position clear that if a member is in default to the society or to any other society in respect of any loan or loans taken by him or loan in which he has stood surety, for such period, as is prescribed in the bye laws of the society concerned or in any case for a period exceeding three months or is a defaulter to the society or to any other society he would be disqualified to be elected or appointed as a member of the committee. Whereas R.44(1) does not envisage notice to a member of the society who is a defaulter or a surety to another debtor, the proviso to sub-rule (3)(a) stipulates notice to a member of the committee to clear off the defaulted amount. Sub-rule (2)(a) provides that a member of the society shall cease to hold his office as such if he becomes disqualified under sub-rule (1). Thus, a member of the committee may become disqualified under sub-rule (1)(c)(i). But the proviso to sub-rule (3)(a) makes the position abundantly clear that the disqualification under sub clause(i) of clause (c) of sub-rule(1) shall be deemed to be accrued only after expiry of a period of one month from the date of receipt by the member concerned of a notice from the society demanding him to clear off the defaulted amount specified therein and if he fails to remit or cause to remit the amount within the said period. Contention of the petitioner that the aforesaid proviso applies to a member of the society as tell cannot be accepted. From a reading of R.44(1) and (2) it, is apparent that the proviso to R.44(2)(a) cannot have any application to a member of the society who seeks election to the managing committee.