THANKAPPAN Vs. CO OPERATIVE TRIBUNAL

JUDGEMENT

(1.) An election to the Governing Body of a cooperative society by name "Thuravoor Padinjattumkara Cooperative Society Ltd., No. 2727", has given rise to this original petition. The petitioners are the members elected in the election held on 26-2-1977. The fifth respondent herein, who is a defeated candidate in the same election, challenged the election by a petition under S.69 of the O.P. Kerala Cooperative Societies Act, 1969 (shortly the Act) before the third respondent, and, Ext. P1 is the election petition. Ext. P2 is the copy of the written statement filed in that case. The third respondent passed Ext. P3 award setting aside the election. The petitioners challenged the correctness of Ext. P3 order before the first respondent. The first respondent passed Ext. P5 order, confirming Ext. P3. Thus, the election was set aside by the competent authorities constituted under the Act. The petitioners are challenging the validity of Exts. P3 and P5.

(2.) Though, in the election petition, several grounds were urged for challenging the validity of the election, the only question that was raised before me was, whether non compliance with R.35(3)(a) of the Cooperative Societies Rules, 1969, (briefly the Rules) is a sufficient ground to invalidate the entire election.

(3.) The facts necessary to decide the question of law raised before me are short and are not in dispute The final list of the members of the society was drawn on 5-2-1977. The notice under R.35(3)(a) was issued on 29-1-1977. It is common case that no notice was served on four members of the Society. The first respondent took the view that, though the notices were issued prior to the preparation of the final list of members, that irregularity may not invalidate the entire election, and, held that the non service of notices on four members, however, is an omission, which would invalidate the election. R.35 contains a number of sub-rules and the object of the rule is to prescribe the procedure regarding conduct of the election to the Committee of Cooperative Societies. R.35(3)(a), which is the rule that strictly arises for consideration in this case, may be read: