ANTO Vs. JACKSON

JUDGEMENT

(1.) The petitioners are members of the Irinjalakuda Town Cooperative Bank Ltd., the respondent No. 5 herein, which is a cooperative society registered under the Kerala Cooperative Societies Act. The respondent Nos. 1 and 2 are also members of the society. The nomination papers of the respondents 1 and 2 for the election to the Managing Committee of the society scheduled to be held on 21-2-1993 were accepted by the Returning Officer, the respondent No. 3 herein, on 28-1-1993. In this petition under Art.226 of the Constitution of India the petitioners seek two reliefs:

(2.) The elections to the managing committee of the society is scheduled to be held on 21-2-1993. The final list of members qualified to vote was published on 14-1-1993. The nomination papers of respondent Nos. 1 and 2 and other candidates were received between 9.00 a.m. and 2.00 p.m. on 27-1-1993. 28.1.1993 was the date fixed for the scrutiny of the nomination papers. The petitioners claim to have filed objection (Ext. P1 to the petition)on 28-1-93. There is a controversy as to whether the written objections (Ext. P1) were filed by the petitioners on 28-1-1993. The respondent Nos: 1 and 2 and the Returning Officer contend that the petitioners filed written objection (Ext. P1) only on 29-1 -1993, after the nomination papers of the respondent Nos: 1 and 2 were accepted. It is not necessary to decide this controversial question because it is admitted by the Returning Officer in his affidavit that at the time of the scrutiny the petitioners did object to the nomination of the respondent Nos: 1 and 2. The ground of objection was that the respondent Nos: 1 and 2 are members of the committee of St. Thomas Cathedral Kuries which fact is admitted. When the objection was raised the respondent Nos: 1 and 2 produced copies of letters dated 23-1-1993 (Exts. R3(a) and R3(b) to the counter affidavit of the returning officer) written by the Vicar of St. Thomas Cathedral. These letters certify that "the resignation letter of Sri........ from the Church Kuri Committee is accepted here". In view of these letters the Returning Officer concluded that the disqualification of being engaged in the same business as the business of the society, namely conduct of chit funds, had been removed. Therefore he accepted the nomination papers.

(3.) If the respondent Nos: 1 and 2 had not resigned from the membership of the committee of St. Thomas Cathedral Kuries they are not eligible for being elected or appointed as members of the committee of the society. Clause (i) of sub rule (1) of R.44 of the Kerala Cooperative Societies Rules lays down that no member of the society shall be eligible for being elected, or appointed as a member of the committee of the society if he "is carrying the same business as is being carried on by the society". It is undisputed that the respondents 1 and 2 must be held to fall within the clause which disqualifies them, unless they resigned from the committee of St. Thomas Cathedral Kuries.