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2019 Supreme(Mad) 1807
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
K.P. Velu and Others – Petitioners
Versus
The Election Commissioner, Tamil Nadu State Co-operative Societies – Respondent
Writ Petition No. 20991 of 2018, W.M.P. Nos. 24640, 24641 of 2018
Decided On : 01-08-2019
Advocate Appeared:
For the Petitioner: S.P. Arthi.
For the Respondents: M.S. Palaniswamy, L.P. Shanmuga Sundaram, R. Arun Dattan.
The central legal point established in the judgment is the authority of the Election Commission to cancel an election, order re-polling, and remove difficulties arising in giving effect to the provisions of the Tamil Nadu Co-operative Societies Rules.
Headnote:
Election - Co-operative Society - Tamil Nadu Co-operative Societies Rules - Rule 52(8)(i), 52(9)(c) and (d), 52-A(10) - The court discussed the cancellation of election, re-polling, and the powers of the Election Commission under the Tamil Nadu Co-operative Societies Rules. It highlighted the illegality of including the name of an elected candidate in the ballot paper and the authority of the Election Commission to order re-polling.
Fact of the Case:
The petitioners challenged the cancellation of the election for a Co-operative Society and the subsequent re-polling. The court analyzed the election process, the complaint regarding the ballot paper, and the interim stay of the election process by the High Court.
Finding of the Court:
The court found that the cancellation of the election and the order for re-polling by the Election Commission were legal and valid. It held that the petitioners were not officially declared as elected members and that the inclusion of the elected candidate's name in the ballot paper was an incurable defect.
Issues: The issues revolved around the legality of the cancellation of the election, the authority of the Election Commission to order re-polling, and the declaration of the petitioners as elected members.
Ratio Decidendi: The court's decision was based on the interpretation of the Tamil Nadu Co-operative Societies Rules, specifically Rule 52(8)(i), 52(9)(c) and (d), and 52-A(10). It emphasized the illegality of including the name of an elected candidate in the ballot paper and the authority of the Election Commission to order re-polling.
Final Decision: The writ petition was dismissed, and the court held that the petitioners were not officially declared as elected members. It concluded that the cancellation of the election and the order for re-polling by the Election Commission were legal and valid.
JUDGMENT :
G. JAYACHANDRAN, J.
Prayer: This Writ Petition is filed under Article 226 of the Constitution of India for a writ of certiorarified mandamus calling for the records relating to Na. Ka 2696/2018/Ku.Te2 dated 02.07.2018 passed by the first respondent pertaining to cancellation of election held for TPD-986, Kilkothur Milk Producers Co-operative Society on 07.04.2018 as invalid one and to quash the same and consequently to declare the election results announced on 09.04.2018 as valid and that the petitioners herein as elected candidates for TPD-986, Kilkothur Milk Producers Co-operative Society, Kilkothur, Anaicut Taluk, Vellore District.
1. The petitioners are the candidates declared elected as the members of the Board, in the Co-operative Societies Election held on 07.04.2018 for the TPD-986, Kilkothur Milk Producers Co-operative Society, Kilkothur , Anaicut Taluk, Vellore District. Subsequently, they elected the first petitioner and third petitioner as the President and Vice-President respectively. While so, Mr. M.U. Sigamani one of candidate who lost the election gave a complaint dated 25.04.2018 alleging the ballot paper carried the name of one Annamalai (reserved candidate) who was already declared elected, unopposed. This error has mislead the voters and ended in casting invalid votes. Based on this complaint, the first respondent cancelled the election vide his order Na. Ka. 2696/2018/ku.they.2 dated 02.07.2018. A fresh notification dated 10/08/2018 was issued intimating re-polling on 16.08.2018.
2. In this writ petition, the order of the first respondent cancelling the election is challenged on the ground that, no enquiry was conducted before passing the orders impugned. The petitioners who were duly elected were not put to notice about the complaint and no opportunity was afforded to them to explain. The first respondent has no authority to partially cancel the election process and order re-poll nullifying the duly elected Board. By doing so, the democracy voice is muffed by the first respondent.
3. The second respondent, in his counter filed on his behalf and on behalf of the third respondent denying the averments made by the petitioners in their affidavit state that, on expiry of the tenure of the elected Board, on 05.03.2018 the Election Commission (first respondent) notified election for the co-operative societies in Tamil Nadu in phased manner.
4. In respect of TPD-986 Kilkothur Milk Producers Co-operative Society, Kilkothur, Vellore District, the election schedule was fixed as below:-
| “Last date of Filing Nomination: | 31.03.2018 |
| Date of Polling, if required: | 07.04.2018 |
| Date of counting votes: | 09.04.2018.” |
5. On scrutiny of the nomination papers, 19 candidates were found eligible (13 for general, 1 for SC and 5 for women). For two seats earmarked for SC candidates, only one nomination (Annamalai) was found eligible hence, he was declared elected unopposed. The other seat for SC candidate was taken as casual vacancy. Since, there were more eligible candidates than required, polling was conducted on 07.04.2018. As per schedule, counting held on 09.04.2018. However, on the same day, the Madurai Bench of Madras High Court, Madurai, granted interim stay of election process of all co-operative society in the State and the election process got freezed at that stage. Later, based on the direction of the Hon'ble Supreme Court, the Election Commission rescheduled the election dates with condition that result should not be declared until final orders of the Hon'ble Supreme Court. Accordingly, for the election of the President and Vice-President of the above said Society, the last date for nomination was fixed as on 23.04.2018 and polling date was fixed as on 27.04.2018.
6. Meanwhile, the first respondent received the complaint of Mr. M.U. Sigamani alleging that the wrong inclusion of the declared candid
