MANORANJAN SAHOO Vs. CHANDRA KUMAR PUROHIT

JUDGEMENT

(1.) SOLE question that arises in this writ application for consideration is whether the petitioner was a defaulter to attract disqualification for contesting election to the office of President, Sambalpur Wholesale Consumer Co -operative Society (in short the 'Apex Society').

(2.) THE factual background as. projected by the petitioner is almost undisputed.

(3.) IT is to be noticed that the Act does not 'refer to 'arrear dues'. It deals with failure to pay any amount 'due'; 'Defaulter' as defined in the Rule's means any society against which or any person' against whom a decree or order under Section 103 has been obtained and. included such person or persons against whom proceedings under Section 90 are taken. The word 'due' means immediately payable in its common signification, or a debt contracted but payable in future. (per Gibson. J. Irisb Land Commission v. Massereene: (1904) 2 Ir. R.513.). Darling, J. said, 'I think, in a legal sense, that money only can be said to be 'due', which may be recovered by action. That which a man is under no legal obligation to repay, for whatever reason is in my opinion no longer money 'due', in Hibernian Bank v. Yourrell: (1919) 1 Tr. R, 310. A debt or other obligation is due when it is legally enforceable, i. e., when the creditor has a right to demand payment and to enforce collection. It means presently payable. It connotes an existing obligation.