MADHAVAN NAMBOODIRI Vs. KAMMARAN

JUDGEMENT

(1.) This Writ Appeal is by the 4th respondent in O.P.No.7630 of 1992.The appel-lant 4th respondent got himself impleaded in the Original Petition by filing C.M.P.No. 13229 of 1992. The Original Petition under Art.226 of the Constitution. of India was filed by the President of the Koram Ksheera Vyavasaya Sahakarana Sangham (hereinafter referred to as the Society). The term of the Managing Committee of the Society was to expire on 30-6-1992. The Managing Committee passed a resolution to hold election on 14-6-1992 and in pursuance to the resolution a returning officer was appointed. The preliminary voters' list was published on 8-5-1992 and the final list was published on 15-5-1992. The nomination papers were accepted after scrutiny. Though everything was ready for the election, on the date of election, namely, on 14-6-1992, the Returning Officer did not turn up to conduct the polling. There is a controversy between the parties "as to the reason why the Returning Officer did not come on the date of election. According to the Returning Officer, while he was on his way to the place of election on 14-6-1992, he was forcibly taken in a jeep from Taliparamba bus stand to Kasaragod where he was illegally detained till 4 p.m. From there he reached Payyannur and lodged a complaint with the police and a case was registered under the various Sections of the Indian Penal Code. Anyhow, we are not much concerned with that controversy in these proceedings.

(2.) Admittedly, the election was not held, on 14-6-1992 and so the petitioner President of the Society filed the Original Petition seeking a writ of mandamus directing the 1st respondent to proceed with the election process from the stage where it was stopped and to conduct the polling before 30-6-1992.

(3.) In the counter affidavit filed by the Returning Officer, he alleged that he was kidnapped by certain people on 14-6-1992 and was forcibly taken from Taliparamba to Kasaragod and he was released only at 4 p.m. Immediately thereafter he filed a complaint before the police and he reported the matter to the Joint Registrar also. He made arrangements for conducting the election on 29-6-92.