R ROHMINGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel for the petitioner and also heard Mr. N. Sailo, learned Additional Advocate General, Mizoram, Mr. N. Sailo has received instructions from the respondent authorities. Out of the 15 nomination papers received, 13 nomination have been found valid. Out of 13 valid nominations, 2 candidates have withdrawn their nominations. There remains now 11 valid nominations. From amongst the 11 candidates whose nominations have been found valid, 3 are graduates, 3 are HSLC passed, 1 Class-IX passed, and 1 HSLC passed woman. There is one female candidate who has passed Class VIII. There are again 2 candidates one Class VI and the other Class V passed.

(2.) The present petition has been filed challenging the Government circular No. A. 43105/1/94-RCOOP dated 13.8.2009 whereby the Government has relaxed the educational qualification so as to provide facilities to contest in the State Level Co-operative Election by even persons who have passed Class-V Standard. Mr. A.R. Malhotra, learned counsel for the petitioner submits that as per the provisions under Section 51(c)of the Mizoram Co-operative Societies Act, 2006, such relaxation would be made only when there is no sufficient number of Bechelor Degree holders in specified fields. According to him, as per instructions of the learned Additional Advocate General, at least 3 graduates and 3 HSLC passed, 1 Class IX passed, 1 HSLCwoman candidates are available and as such, enough qualified candidates have come forward. No necessity has arisen for relaxation of educational qualification down to Class-V. According to him, the relaxation can be made down to HSLC only.

(3.) Mr. N. Sailo, learned Additional Advocate General submits that for the sake of proper participation in the democratic process by the people, the impugned Government Circular was made relaxing the educational qualification down to Class V and no interference is necessary in this regard. Even if all the candidates whose nomination papers have been found valid and accepted are allowed to contest, they may not get enough qualified person returned for better administration of the Co-operative Institution.