RAGHAVAN NAIR Vs. JOINT REGISTRAR

JUDGEMENT

(1.) Appellant is the writ petitioner in O.P. No. 12214/91. That petition was filed praying for a declaration that election to the 4th respondent Cooperative Society is null and void. Writ petitioner is a member of that Society. It was the case of the writ petitioner that election was attempted to be held without following statutory requirements and without giving the members an opportunity to file objections against enrolment of members. Large scale enrolment was effected without scrutinising the applications and verifying the eligibility of the applicants. It was also contended that scrutiny of voters list as required under R.35 of the Kerala Cooperative Societies Rules was not done by the returning officer.

(2.) Along with the original petition, application was filed for staying the process of election. This Court granted an interim order staying the counting of votes polled and also further proceedings. This court further directed that suspect votes i.e. votes cast by ineligible persons should be collected in a separate box to be dealt with later.

(3.) To the counter affidavit filed by contesting respondents, writ petitioner filed reply affidavit dated 12-7-92. In that reply affidavit, it was contended that the 4th respondent society has its area of operation lying within two circles, that returning officer to such a society can be appointed only by a Joint Registrar and the returning officer in this case was appointed by an Assistant Registrar. Consequently, writ petitioner took the stand that no returning officer, as per law, has been appointed and consequently the entire proceedings taken by him are null and void. The election notification stated that the newly elected Board is to have a term of five years. But the Cooperative Societies Amendment Act provided that the term of elected Body can only be for a period of five years. Accordingly, the Notification for election to the Board for a period of five years is null and void.