ANCHAL SINGH Vs. STATE OF J & K

JUDGEMENT

(1.) The challenge in this writ petition is to order dated 06.07.2013 issued by the Returning Officer, the Sainik Cooperative House Building Society Ltd., respondent No. 4 herein, rejecting the nomination papers of petitioner for election to the Managing Committee of the Society. The facts, as averred in the writ petition, are that for conducting election to the Sainik Cooperative House Building Society Ltd., Jammu (hereinafter, for short, the Society), Registrar, Cooperative Societies, respondent No. 2 herein, set in motion the electoral process and fixed the date for election as 15.07.2013, while respondent No. 4 was appointed as Returning Officer for conducting the said election. It is averred that as the petitioner being a share holder and permanent member of the Society was also eligible to contest the election, he also filed his nomination papers, but were rejected by respondent No. 4 vide order impugned in terms of Rule 25(1)(u) of Jammu & Kashmir Co-operative Societies Rules, 2001 (hereinafter, for short, Rules of 2001).

(2.) Objections have been filed on behalf of respondents. Respondents 1, 2 & 4 while maintaining their stand contended that the candidature of petitioner was rejected in terms of Rule 25(1)(u) of the Rules of 2001 as he failed to deposit the developmental charges till the last date of filing of the nomination papers in terms of Clause 3(a)(ii) of the Bye-laws of the Society. It is contended that while entering into lease agreement and taking membership of the Society, the members have to undertake to pay all the charges of the Society from time to time in terms of Clause 1(b) of the Lease Agreement. Further, it is contended that the petitioner deposited the developmental charges on 06.07.2013 only after his nomination papers were rejected and was disqualified to contest the election of the Society.

(3.) Heard the learned counsel and perused the writ record.