BHASKARA PANICKER Vs. CO OP TRIBUNAL

JUDGEMENT

(1.) The dispute in this case relates to election to the Board of Directors of fourth respondent Cooperative Society. Petitioner, fifth respondent and several others submitted nomination papers. Nomination paper of fifth respondent was rejected by the returning officer, third respondent on the ground that the members of the Society who proposed and seconded his nomination were disqualified. Against the rejection of his nomination paper, fifth respondent filed an election petition before the second respondent. The Arbitrator found that rejection of fifth respondent's nomination paper was illegal and accordingly set aside the election and directed re-polling to be held. Petitioner filed an appeal before the Tribunal, first respondent. The appeal has been dismissed. The result is that petitioner's election stands set aside. Hence this petition under Art.226 of the Constitution of India seeking to quash the award of the Arbitrator and the Judgment of the Tribunal.

(2.) Ext. P3 is a copy of the award passed by the second respondent. In Para.4 of the plaint filed before the Arbitrator, it was averred that fifth respondent's nomination paper was rejected on the ground that members of the Society who proposed and seconded his nomination were defaulters of the Society. The present petitioner in his petition disputed this statement and contended that the rejection was on some other ground. The original nomination paper of the fifth respondent was produced before the Arbitrator. The nomination paper contained an order by the Returning Officer to the effect that it has been rejected since the proposer and seconder are in default. Therefore, there could be no legitimate dispute regarding the reason for rejection of the nomination paper.

(3.) Assuming that the persons who proposed and seconded the nomination paper of fifth respondent were defaulters, the question is whether that is a defect ia the nomination paper rendering it liable to be rejected The only provision regarding election contained in the Kerala Cooperative Societies Act (for short 'the Act') is in S.28 of the Act. Sub-s.(2) and (3) of this Section lay down disqualifications for being a member of the committee. R.35 of the Kerala Cooperative Societies Rules (for short 'the Rules') deals with procedure regarding conduct of election to the committee of Societies. Sub clause (3) refers to preparation of list of members qualified to vote at the election in accordance with the provisions of the Act and the Rules and bye laws. Clause (3)(c)(i) states that nomination of the candidates for election shall be made in the form prescribed by the society which on application shall be supplied by the committee to any member, free of cost. Clause (3)(c)(ii) states that every nomination paper shall be signed by two members whose names are included in the list of members. One of the members shall sign the Form as proposer and the other as seconder for the nomination.' Clause (d) deals with ineligibility of members to be nominated as candidates. Clause (e) deals with scrutiny of nomination papers and dealing with objections raised against nominations. Clause (e) (iv) states that the Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same, as the case may be, and if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection.