GANGARAPU USHAIAH Vs. DISTRICT COLLECTORCO OPERATION MEDAK DISTRICT

JUDGEMENT

(1.) The 2nd respondent herein who is the Election Officer issued a Notification on 2-1-1992 to hold the elections to the Managing Committee of the Primary Agricultural Co-operative Credit Society, Chin-takunta Village, Andole Mandal, Medak District. The petitioner has filed his nomination for membership of the Managing Committee for Ward No. 2, mentioning his serial No. 984 in the voter's list prepared for this purpose. Unfortunately, the 2nd respondent rejected the nomination of the petitioner by the impugned order dated IO-1-I992 on the sole ground that his name at Serial No. 984 is not tallied whereas his serial number is at 982. Assailing the validity of this rejection order, the petitioner filed this writ petition under Article 226 of the Constitution of India praying to set aside the impugned order and direct the respondents to treat his nomination as valid.

(2.) According to the election programme given by the 2nd respondent, 9-1-1992 is the date for filing nominations, 10-1-1992 is the date for scrutiny, 11-1-1992 is the date of withdrawal and 23-1-1992 is elections to Members of the Managing Committee and 29-1-1992 is the election day to the post of Chairman of the 3rd respondent-society. The impugned order reads as follows: 10-1-1992 REJECTION ORDER

(3.) A close reading of the above sub-rule 6(2) of Rule 22 clearly shows that the nomination of a candidate shall not be rejected for any incorrect description either of his name or of the proposer or of any other particulars relating to the candidate in the voters' list if the identity of the candidate is established beyond reasonable doubt.