RADHEY SHYAM SHARMA Vs. CHAIRMAN SEWAVRIHA SAHAKARI SAMITI

JUDGEMENT

(1.) By this Order we propose to dispose of eight petitions. Other seven, besides this, are ; Misc. Petitions Nos. 1293, 1307, 1311, 1312, 1313, 1365 and 1367 of 1988 Indeed, in these several petitions we have taken the view that the preliminary objection to their maintainability has to be upheld.

(2.) In all these matters the common factual premise is that petitioners in each case made bid to be nominated for election in different Co-operative Societies. Their nomination papers having been rejected, they have come before us with the common complaint that the election process in each case is vitiated in the particular facts and circumstances of each case. However, the fortuitous circumstance dominating the common complaint to be read in each of these cases is that in each case there was a large number of nomination papers more than the number of seats to be filled up. After scrutiny had taken place, the number of nomination papers which were found valid conformed in number to the seats to be filled up. As a result, the persons whose nomination papers had been found valid were declared elected unopposed.

(3.) While entertaining these petitions doubt was entertained about fairness of the election process because of the peculiar circumstances of the cases which apparently projected a case of mass rejection and singular acceptance raising a presumption of oblique motive of the Election Officer in each case. However, in each case return has now come and position on facts is made clear. It is not disputed today in each of these cases that tbe Election Officer had passed orders rejecting separately the nomination papers which were found invalid by giving reasons separately in case of each of the nomination paper rejected.