K.N.SUKUMARAN NAIR Vs. RETURNING OFFICE TO IDUKKI DISTRICT EX-SERVICEMEN EMPLOYEES CO-OPERATIVE SOCIETY LTD

JUDGEMENT

(1.) THE writ petition is filed by a member of the 2nd respondent society at a time when his nomination to be a member of the Managing Committee was rejected by the Returning Officer, the 1st respondent herein on the allegation that the petitioner in the capacity of President of the society had taken an advance of Rs. 2,000/- on 21.05.2011 and the said amount was not repaid. The petitioner submitted Ext. P3 to the Assistant Registrar of Co-operative Societies stating that the said amount of Rs. 2,000/- was taken by him as advance for the purpose of the society and there is no specific provision to treat non-repayment of the advance, or not accounting for the same as a disqualification. Petitioner approached this Court and by an interim order dated 04.05.2012 this Court directed the petitioner's nomination to be provisionally considered on condition of the petitioner discharging the "defaulted advance amount".

(2.) ACCORDING to the petitioner in so far as the amount taken by him as advance is not a default in terms of Rule 44 (1)(c)(i) of the Co-operative Societies Rules (hereinafter referred to as the 'Rules'), the rejection of his nomination is bad in law.

(3.) COUNTER affidavit is filed by the 2nd respondent inter alia supporting the stand taken by the respondents. It is stated that there was no record in the society to substantiate that the petitioner had received an amount of Rs. 2,000/- as advance for purchase of stationery and ledger. There was a repayment of Rs. 100/- on 29.12.2011 and a further amount of Rs. 200/- on 03.01.2012. This according to the respondent would show that the petitioner owes an amount of Rs. 1,700/- to the society. On this basis, it is contended that the petitioner is in default as stated in Rule 44(1)(c)(i) of the Rules. Therefore, it is contended that the rejection of nomination was valid and proper. The additional respondents 3 and 4 had also filed counter affidavit. They are the members of the society. They also support the stand taken by the Returning Officer as well as the society.