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SUPREME COURT OF INDIA
Kurian Joseph, R. Banumathi, JJ.
Gangadharan Nair P. & Ors. - Appellants
Versus
Bhaskaran M. & Ors. - Respondents
Civil Appeal No. 6452 of 2017 (@ Special Leave Petition (C) No. 10715 of 2014
Decided On : 09-05-2017
Rule 35A - Compliance of Election Rules - The court directed the State Cooperative Election Commission to conduct a fresh election due to non-compliance with the mandatory provision of Rule 35A (3) of the Kerala Cooperative Society Rules, emphasizing the importance of proper compliance with election rules.
Fact of the Case:
The case involved non-compliance with the mandatory provision of Rule 35A (3) of the Kerala Cooperative Society Rules in the conduct of an election, with a significantly low voter turnout. The court directed the State Cooperative Election Commission to conduct a fresh election and specified the publication requirements for the election schedule.
Finding of the Court:
The court found that there was no proper compliance with the publication of the election schedule, leading to a low voter turnout. As a result, the court directed the State Cooperative Election Commission to conduct a fresh election and allowed the existing Managing Committee to continue as an adhoc committee until the new election is conducted.
Issues: The main issue was the non-compliance with the mandatory provision of Rule 35A (3) of the Kerala Cooperative Society Rules in the conduct of the election, leading to a low voter turnout.
Ratio Decidendi: The court's decision was influenced by the lack of proper compliance with the election rules, specifically the publication of the election schedule, and the low voter turnout. The court emphasized the importance of adhering to the mandatory provisions of the election rules and directed the State Cooperative Election Commission to conduct a fresh election within six months.
Final Decision: The court disposed of the appeal and directed the State Cooperative Election Commission to conduct a fresh election for the 4th respondent-society, specifying the publication requirements for the election schedule and allowing the existing Managing Committee to continue as an adhoc committee until the new election is conducted.
JUDGMENT :
Kurian, J. - Leave granted.
2. The main issue arising for consideration in this case is that there is no compliance of the mandatory provision of Rule 35A (3) of the Kerala Cooperative Society Rules in the matter of conduct of election. Of the 12000 voters, only 1390 have voted.
3. On the previous occasions also, the people who participated in the election were only few. In the years 2003 to 2008, of the 15001 voters, only 858 participated and in the years 2009 to 2014, of the 13249 voters, only 1375 participated. But the fact remains is that there is no proper compliance of the publication of the election schedule. The publication was only in two vernacular dailies, which have only a circulation of around 3000.
4. In the above circumstances, there shall be a direction to the State Cooperative Election Commission to conduct election afresh to the 4th respondent-society. The election schedule shall be published in Kasaragod Page in Kannur Edition of 'Malayala Manorama' and 'Mathrubhumi'.
5. Till the election, as above, is conducted, the Managing Committee which has been in office pursuant to the election which has been set aside now, will continue as an adhoc committee.
6. The State Cooperative Election Commission shall conclude the process of election expeditiously and in any case, within six months from today.
7. In view of the above, the appeal is disposed of. Pending interlocutory applications, if any, stand disposed of.
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