LAWS(MAD)-2019-2-441

MM 372, VIRACHILAI PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY Vs. COMMITTEE ON CO-OPERATIVE ELECTION CASES, EAST CENTRAL ZONE

Decided On February 07, 2019
Mm 372, Virachilai Primary Agricultural Co-Operative Credit Society Appellant
V/S
Committee On Co-Operative Election Cases, East Central Zone Respondents

JUDGEMENT

(1.) This writ petition is filed by an elected member of Co-operative Society known as MM 372, Virachilai Primary Agricultural Co-operative Credit Society.

(2.) The petitioner is a member of the said Co-operative Society and the election was announced for all the Co-operative Societies in the State of Tamil Nadu. As per the election notification dtd. 16/3/2018, schedules for the various Societies including the Society in which the petitioner is a member were given. Though about 22 nominations were filed only 11 persons were declared as contesting and the petitioner was also one among the persons declared as elected.

(3.) However, the 5th respondent raised a dispute and ultimately, it was referred to the first respondent Committee and the said Committee entertained the election dispute as Petition No. 20 of 2018. The 1st respondent Committee after referring to the guidelines issued by the election Commission dtd. 19/7/2018 held that the rejection of nomination of the 1st respondent therein/5th respondent herein was rejected on the ground that his signature differs from earlier signatures found in documents, which was not even referred to. The Committee after referring to the notification issued by the election Commission dtd. 19/7/2018 found that the rejection of nomination on such flimsy ground cannot be accepted. Since it is also mandated as per the notification issued by the election Commission that such rejection on the ground of variation in signature should not be done, we find no reason to interfere with the findings recorded by the Committee on the irregularities committed by the Election Officer while rejecting the nomination of eligible candidates including the 5th respondent.