MOIN UDDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE case of the writ petitioner, in short, is that as the tenure of the Managing Committee of Bhaga Bazar Samabai Samitee Ltd (for short, the society) was nearing end, the Secretary of the society issued a notification dated 30.10.2009 calling for an Annual General Meetmg for short, AGM)/election of the society to be held on 15.11.09. THE notification indicated that the Returning Officer for the said election would accept nomination papers from the aspiring candidates from 11 AM to 1 PM on 5.11.09 in the office of the society. It has also been indicated that the nomination papers would be scrutinised by the Returning Officer from 1 PM to 2.30 PM and the list of the candidates, whose nomination papers are found to be valid, would be announced along with the election symbol. THE notification also specified that the candidates could withdraw their nomination papers up to 3.30 PM.

(2.) THE petitioner duly submitted his nomination paper for the post of Chairman by complying with all the formalities and 3 other persons, namely, the respondent Nos. 6 and 7 and one Sunil Chandra Das had also submitted their nomination for the post of chairman. On the specified time, the nomina-tion papers were opened for scrutiny by the Returning Officer and on such scrutiny, the nomination paper of the petitioner was found to be valid. Sri Sunil Chandra Das had withdrawn his nomination paper. One Shri Riajul Islam Talukdar supported and proposed the candidature of respondent No.6 as well as respondent No.7 for the same post of Chairman of the society and therefore, the petitioner, on 5.11.09 itself, requested the Returning Officer to take appropriate action if the same was against law. THE Returning Officer, according to the petitioner, had declared that the nomination papers of respondents 6 and 7 were rejected as they were found to be defective/invalid. A comparative statement was prepared by the Returning Officer on 5.11.09 showing the nomination papers that were found to be valid in respect of the various other posts, but there was no mention with regard to the nomination papers submitted for the post of Chairman. By a letter dated 7.11.09, the Returning Officer informed the respondents 6 and 7 that in view of the order of the Assistant Registrar of Co-operative society on the body of his letter dated 6.11.09, their nomination papers were accepted and as such allowed to contest in the annual general meeting/election scheduled to be held on 15.11.09. It was also informed that the respondent No.7 was allowed to withdraw his nomination. Copy of the letter dated 7.11.2009 was also sent to the petitioner and all of them were also requested to choose their respective symbol for printing of the ballot.

(3.) A reply affidavit was filed by the petitioner to the affidavit-in- opposition filed by respondent Nos.6 and 7, reiterating the statements made in the writ petition as well as denying the statement of the respondent Nos. 6 and 7 that the respondent No.7 had withdrawn his nomination paper on 5.11.2009 and furthermore, there was no question of his withdrawing the nomination paper, as, his nomination was not a valid nomination.