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2018 Supreme(Mad) 1052
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
INDIRA BANERJEE, J. NISHA BANU, JJ.
K. Arumugam – Petitioner
Versus
The Joint Registrar of Co-operative Society, Sivagangai – Respondent
W.P. (MD) No. 7575 of 2018 and W.M.P. (MD) Nos. 7215, 7216 of 2018
Decided On : 06-04-2018
For the Petitioner: K.P. Narayanakumar.
For the Respondents: A.K. Baskarapandian, M. Rajarajan.
Headnote:
Election - Co-operative Society - Tamil Nadu Co-operative Societies Act, 1983, Section 33(11), Rules 52(7)(a) and 52(9)(a)-(f)
Fact of the Case:
The writ petition challenges the final list of contestants for the elections to a Co-operative Society, alleging callous scrutiny and rejection of eligible contestants. The petitioner's nomination form was found to be in order, but the second column for constituency was left blank.
Finding of the Court:
The court found that the election notification did not specify separate constituencies and interpreted the meaning of 'constituency' in the context of the election. It noted discrepancies in the nomination forms of other candidates and concluded that the petitioner's form was in order, allowing the petitioner to contest.
Issues: Challenging final list of contestants, callous scrutiny of nominations, interpretation of 'constituency' in election context, validity of nomination forms.
Ratio Decidendi: The court interpreted the meaning of 'constituency' in the election context and found that the petitioner's nomination form was in order, allowing the petitioner to contest.
Final Decision: The writ petition is disposed of, and the petitioner is allowed to contest. No costs are awarded, and the connected writ miscellaneous petitions are closed.
1. This writ petition has been filed inter-alia challenging the notification of the final list of contestants for the elections to SP (SPL) 2, Primary Agriculture Credit Co-operative Society, Kundrakudi, Sivagangai District (hereinafter referred to as “Co-operative Society”).
2. The petitioner, a member of the Co-operative Society, who filed his nomination for contesting the election, has filed this writ petition. The election was notified on the notice board of the Co-operative Society on 9th March 2018. As per the notification, the nomination from members was to be received from 10.00 a.m. to 05.00 p.m. on 31st March 2018. Verification of nominations was to be done on 2nd April 2018. The list of eligible contestants was to be published at 05.00 p.m. on 3rd April 2018. Withdrawal of nominations would be permitted between 10.00 a.m. and 04.00 p.m. on 3rd April 2018. Final list of contestants was published at 05.00 p.m. on 3rd April 2018. Polling was scheduled to be held between 10.00 a.m. and 05.00 p.m. on 7th April 2018 and counting was scheduled on 9th April 2018.
3. The contends that scrutinisation and verification of nominations has been done in a callous manner, rejecting eligible contestants. Out of 44 nominations filed, only 11 have featured in the final list of contestants published on 3rd April 2018 at 05.00 p.m.
4. When the writ petition was moved, we were informed that candidatures were rejected as the nomination forms were not properly filled up and were, therefore, defective. For example, columns were left blank in some application, some did not have required signatures, etc. We directed that the nomination papers filed by the respective candidates and other relevant documents be produced in this Court.
5. On perusal of the nomination form of the writ petitioner for election as a member of the Board of the Co-operative Society under Section 33(11) of the Tamil Nadu Co-operative Societies Act, 1983, which is Form No. 18, we found that only the second column which is the name of the constituency, if any, has been left blank. All other relevant columns have duly been filled up. The translated version of the Form as filled in, by the writ petitioner is as follows:
1.
Name of the Society in which the Candidate seeks election:
SP (SPL) 2 Kuntrakudi Primary Agricultural Credit Co-operative Society, Kuntrakudi.
2.
Name of the Constituency, if any:
3.
(i) Name of the Candidate:
(ii) Sex:
(iii) Membership Number:
K. Arumugam
(iv) Whether he belongs to Scheduled Caste/Scheduled Tribes.
Male
(v) Name of the Society of which he is a delegate, if he represents a Society:
6195
4.
Father's or Husband's Name:
Kadappan
5.
Full address of the Candidate:
K. Arumugam S/o Kadappan, 1/167, Arcot Village.
6.
(i) Name of the Proposer:
K. Ramu
(ii) Membership Number:
5413
(iii) Name of the Society of which he is a delegate, if he represents a Society:
SP (SPL) 2 Kuntrakudi Primary Agricultural Credit Co-operative Society, Kuntrakudi.
7.
Signature or thumb - impression of the Proposer:
Signed
8.
(i) Name of the Seconder:
A.L. Raman
(ii) Membership Number:
4238
(iii) Name of the Society of which he is a delegate, if he represents a Society:
SP (SPL) 2 Kuntrakudi Primary Agricultural Credit Co-operative Society, Kuntrakudi.
9.
Signature or thumb-impression of the Seconder:
Signed
6. On behalf of the respondents, it is strenuously urged that the writ petitioner left the second column, i.e. the name of the constituency, if any, blank.
7. We have gone through the election notification and it does not appear that there are any separate constituencies. In this context, we may refer to the dictionary meaning of the word constituency and also the word constituency as ordinaril
