The main legal point established is the obligation of the Returning Officer to provide reasons for rejection of nomination papers and the need for timely resolution of election disputes.

JUDGMENT :

M.S. Sonak, J.

1. Heard Mr. Vivek Rodrigues for the Petitioners and Ms Ankita Kamat, Additional Government Advocate for Respondents No.1,2,3 and 4. Respondent No.6 - Asst. Election Officer, South Goa District, Margao is present in person.

2. For the order which we propose to be made, Respondent No.5 is neither a necessary, nor a proper party. As such, there is no necessity to of serving notice upon the Respondent No.5.

3. Rule. Rule made returnable forthwith with the consent and at the request of the learned Counsel for the parties.

4. The Petitioners filled in their nomination papers for elections to the Board of Directors of Respondent No.5-Society, which was scheduled to be held on 30th June, 2019. In the course of scrutiny, however, Respondent No.6, who was the Returning Officer, rejected the nomination papers of the Petitioners on 13th June, 2019. The Petitioners have grievance regards the acceptance of nomination papers of some of their opponents. List of valid nominations was put up on 14th June, 2019, along with the list of rejected nominations, which included the names of the Petitioners herein.

5. The Petitioners, by application dated 19th June, 2019, applied for certified copes, inter alia, of the orders of rejection of their nominations papers. There is no dispute that such application was received by Respondent No.6 on 19th June, 2019 itself. Certified copy of this application is placed on record at page 49 of the Paper Book and the same bears endorsement of Respondent No.6. Respondent No.6, who is present in the Court in person, also admits having received such application for the certified copy on 19th June, 2019.

6. Respondent No.6, however, issued the certified copy of the order of rejection of the nomination of the Petitioners only in the third week of October, 2019 by a covering letter dated 21st October, 2019. Such certified copies were sent to the Petitioners and the Petitioners claim that they were received only on 28th October, 2019.

7. In the aforesaid background, the Petitioners seek the following reliefs :

“a) Issue an appropriate order extending the period of limitation for filing of the Cooperative Appeal/Dispute in terms of the Act before the Hon'ble Cooperative Tribunal and further issue appropriate direction to Ld. Administrative Tribunal to dispose of the said Appeals within 6 months.

(b) Issue a Writ of Mandamus or in nature of Mandamus directing the Respondent No.2 to conduct inquiry and initiate appropriate Disciplinary action against the Respondent No.6 for acting in gross violation of the provisions of the Act concerning the conduct of election that clearly amounts to dereliction of duty.

(c) Pass such other and further reliefs, as this Hon'ble Court deems fit and proper.”

8. So far as the first relief is concerned, reference is necessary to Section 83 of the Goa Cooperative Societies Act, 2001 (said Act) which, inter alia, provides that notwithstanding anything contained in any other law for the time being in force, any dispute touching the election to the Board of Directors or the office bearers of society shall be referred by any of the parties to the dispute, to the Co-operative Tribunal within a period of 30 days from the date of declaration of the result of the election. The proviso to Section 83(1), however, provides that the Co-operative Tribunal may entertain such dispute after expiry of such period if the party aggrieved satisfies the Cooperative Tribunal that he had sufficient cause for not referring the dispute within aforesaid period.

9. From the aforesaid, it is quite clear that the dispute in terms of Section 83(1) of the said Act is required to be raised or referred to the Cooperative Tribunal within 30 days from the date of declaration of the result of the election which, in the present case, would be 1st July, 2019. However, the proviso enables the Tribunal to entertain such dispute after expiry of the said period if the party aggrieved satisfies the Tribunal that he had su