PETER Vs. ARAVINDAKSHAN

JUDGEMENT

(1.) Petitioners are aggrieved by the rejection of Election Petition, A.R.C. No. 1819 of 1996 by the Arbitrator holding that the petitioners have not affixed necessary court fees for entertaining the election dispute.

(2.) Election Petition dated 19.7.1996 was filed by six petitioners before the Joint Registrar of Cooperative Societies, Ernakulam, who vide Ext. P1 order dated 7.8.1996, in exercise of the powers under S.70(1)(c) of the Act, appointed the Assistant Registrar (General), Kanayannur to hear and dispose of the matter.

(3.) Arbitration case was filed against the election held on 23.9.1996 in the Thevara Urban Cooperative Society, in which respondents 1 to 5 got elected. Petitioners wanted a declaration that the election held on 23.9.1996 is void and illegal and that petitioners should be declared to have been elected in the place of respondents 1 to 5. Before the Arbitrator a preliminary objection was raised by the third respondent contending that Arbitration Case is not liable to be entertained since the requisite court fees have not been remitted by the petitioners. According to third respondent and others, petitioners ought to have remitted Rs. 500/- each towards fee as per R.67(7)(a)(I) and also court fee of Rs. 12/-. Instead, the petitioners have jointly paid only an amount of Rs. 500/- as fee and Rs. 2/- towards court fee. Further respondents 1 to 5 have also raised another contention that Arbitration Petition was not accompanied by the records relied on by the petitioners and only a list of relevant documents relied on by the petitioners was produced.