P.SUBRAMONIAN POTI, K.BASKARAN
ABUBAKER – Appellant
Versus
KUNHAVARAN – Respondent
1. The appellant was not a party in the original petition before the learned single judge, but being aggrieved by the judgment the appellant has been granted leave to file this appeal.
2. The petitioners in the original petition were candidates for election to the managing committee of the Nediyiruppu Service Co-op. Bank Ltd. The appellant herein was also a candidate. The returning officer for such election, the 1st respondent in the original petition was taking steps to conduct the election on 26-9-81. On that day polling commenced at 8 A M. in four booths. While the polling was being conducted at about 9 A. M. some persons obstructed the polling and unauthorisedly entered the booths. Since the polling was interrupted by such conduct the 1st respondent returning officer stopped the polling in exercise of the powers conferred under R.35(3)(p) of the Co-op. Societies Rules, which reads:
"35
(3)
(p) if at any stage of the polling the proceedings are interrupted or obstructed by any riot or affray or if at such elections it is not possible to take the poll for any sufficient cause, the returning officer shall have power to stop the polling, recording his reasons for such an ac
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