Allowed

K.Arumugam v. the Joint Registrar of

Madras HC6 Apr 2018WP(MD)/7575/2018

Case brief

AI extract

What is this about?

The Madras High Court held that a blank constituency column in a co-operative society election nomination form does not disqualify the candidate, as constituencies refer to geographical areas which are not defined in this case, unlike reserved seats.

What did the court decide?

Petitioner allowed to contest the election; fresh list of candidates published to include the petitioner; connected writ petitions closed.

K.Arumugam Vs the Joint Registrar of — Service and Employment | Madras HC (2018)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 06.04.2018

¶4

CORAM:

¶5

THE HONOURABLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU

¶6

W.P.[MD].No.7575 of 2018 and W.M.P(MD).Nos.7215 and 7216 of 2018

¶7

K.Arumugam : Petitioner Vs.

¶8

1.The Joint Registrar of Co-operative Society, Sivagangai.

¶9

2.The Deputy Registrar of Co-operative Society, Karaikudi, Sivagangai District.

¶10

3.Govindaraj, Election Officer, SP(SPL) 2, Primary Agriculture Credit Co-operative Society, Kundrakudi, Sivagangai District. 4.SP(SPL) 2, Primary Agriculture Credit Co-operative Society, Kundrakudi, Sivagangai District, represented by its Secretary.

5.S.Arunachalam

6.A.Nallathambi

7.L.Shahul Hameed

8.V.Pethaperumal

9.KRS.Ravi

10.Panneerselvam

11.C.Sivagami https://hcservices.ecourts.gov.in/hcservices/

12.M.Kannaki

13.K.Dhanam

14.A.Puratchithambi

15.P.Masilamani

: Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the entire records pertaining to the impugned notification of the final list of the contestants dated 03.04.2018 published by the third respondent and quash the same and consequently, direct the respondents 1 to 3 to permit all the eligible persons who have submitted the nomination to contest in the fourth respondent Cooperative Societies' Election, 2018 after following the due procedure.

¶25

For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.A.K.Baskarapandian Special Government Pleader assisted by Mr.M.Rajarajan Government Advocate for R.1 to R.4

¶26

O R D E R

¶27

¶28

[Order of the Court was made by The Hon'ble Chief Justice]

¶29

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 “Cooperative Society”].

¶30

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 9^th 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 31^st March 2018. Verification of nominations was to be done on 2^nd April 2018. The list of eligible contestants was to be published at 05.00 p.m., on 3^rd April 2018. Withdrawal of nominations would be permitted between 10.00 a.m., and 04.00 p.m., on 3^rd April 2018. Final list of contestants was published at 05.00 p.m., on 3^rd April 2018. Polling was scheduled to be held between 10.00 a.m., and 05.00 p.m., on 7^th April 2018 and counting was scheduled on 9^th April 2018.

¶31

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 https://hcservices.ecourts.gov.in/hcservices/ the final list of contestants published on 3^rd April 2018 at 05.00 p.m.

¶32

¶33

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.

¶34

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:

¶35

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 : (iv)Whether he belongs to Scheduled Caste / Scheduled Tribes (v) Name of the Society of which he is a delegate, if he represents a Society :	K.Arumugam Male 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 : (ii) Membership Number : (iii) Name of the Society of which he is a delegate, if he represents a Society :	K.Ramu 5413 SP [SPL]²Kuntrakudi Primary Agricultural Credit Co-operative Society, Kuntrakudi.
7.	Signature or thumb – impression of the Proposer :	Signed
8.	(i) Name of the Seconder : (ii) Membership Number : (iii) Name of the Society of which he is a delegate, if he represents a Society :	A.L.Raman 4238 SP [SPL]²Kuntrakudi Primary Agricultural Credit Co-operative Society, Kuntrakudi.
9. https://hcservices.ecourts.g	Signature or thumb-impression of the Seconder: ov.in/hcservices/	Signed

¶36

¶37

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.

¶38

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 ordinarily understood. As per the Concise Oxford English Dictionary, the word 'constituency' means,

¶39

“1. a body of voters in a specified area who elect a representative to a legislative body – an area represented in a legislative body. ”

¶40

In the context of elections, the expression 'constituency' means, the area from which the candidate contests the election to a body. For example, the Former Chief Minister had contested from and been elected Member of Legislative Assembly from the R.K.Nagar constituency in Chennai, which is the area.

¶41

In this case, there does not appear to be separate constituencies. It is argued on behalf of the respondents that constituency is understood to mean category, such as, Scheduled Caste, Female, etc., However, there is no constituency allocation for the Scheduled Caste or for Women.

¶42

We have also been taken through the Tamil Nadu Co-operative Societies Rules, 1988, and in particular Rule 52 thereof, which pertains to election of members of the Board. Rule 52(7)(a):

¶43

“On receipt of the election programme, the society shall immediately prepare a list of members who, on the date thirty days prior to the date of poll, were qualified in accordance with the provisions of the Act and Rules to vote at the election. If different constituencies are provided in the rules or by-laws, such member's list shall be prepared constituency wise. The list shall be prepared in Vernacular. The names of the members in each part of the member's list shall be arranged according to member's admission numbers as entered in the admission book.”

¶44

Rule 52 (9)(a) to (f):

¶45

“(a) If for any constituency for which the election is to be held, the number of candidates in respect of whom valid nominations have been filed but have not been withdrawn does not exceed the number of candidates to be elected for that constituency, such candidates shall be deemed to have been duly elected for the constituency and the names of such candidates shall be published in the notice board at the office https://hcservices.ecourts.gov.in/hcservices/ of the society or at such other place as the Election Officer may specify, after a declaration by the

¶46

¶47

Election Officer to the effect that they have been duly elected. The Election Officer shall immediately send a report to the District Election Officer, the State Election Officer and the Election Commission.

¶48

(b) If the number of candidates for any constituency exceeds the number of members to be elected, the election officer shall allot a serial number to each candidate according to their names in the alphabetical order in English language and arrange for taking a poll on the date fixed for the purpose.

¶49

(c) If for any constituency there is no contesting candidate, the Election Officer shall immediately send a report to the District Election Officer, the State Election Officer and the Election Commission. In such case, the Election Commission may start election proceedings afresh in all respects as if for a new election to fill up the vacancy or vacancies.

¶50

(d) In respect of reserved seats, if the number of contesting candidates qualified to be chosen to fill them is not larger than the number of vacancies, the election officer shall declare the candidate or all such candidates, as the case may be, duly elected and the names of such candidate or candidates shall be published in the notice board at the office of the society or at such other place as the election officer may specify. The Election Officer shall immediately send a report to the District Election Officer, the Election Officer and the Election Commission.

¶51

(e) If the number of contesting candidates qualified to be chosen for the reserved seats exceeds the number of seats reserved, while the total number of all contesting candidates for election is less than or equal to the total number of seats to be filled at the election, the election officer shall, after notice to the candidates concerned, decide by drawing lots, which of the candidates so qualified to fill the reserved seats shall be declared elected to the reserved seats and which of them to the non-reserved seats. Thereafter, he shall cause a copy of the list of contesting candidates in Form No. 20 to be affixed in the notice board at the office of the society and shall then declare all such candidates duly elected. The Election Officer shall immediately send a report to the District Election Officer, the State Election Officer and the Election Commission.

¶52

(f) If all the vacancies in the reserved seats to be filled at the election have been filled under clause (d) or (e) and if the number of contesting candidates remaining after the exclusion of the candidates so declared elected under the said clauses https://hcservices.ecourts.gov.in/hcservices/ is not larger than the number of non-reserved seats to be filled at the election, the Election Officer shall

¶53

¶54

cause a copy of the list of contesting candidates in Form No. 20 to be affixed in the notice board at the office of the society and after such affixation shall declare them duly elected to the non-reserved seats. The Election Officer shall immediately send a report to the District Election Officer, the State Election Officer and the Election Commission.”

¶55

On a comparative reading of the provisions of Rule 52(7)(a) and 52(9)(a), (b) and (c), which refer to constituencies and Rule 52 (9)(d), (e), and (f), it is patently clear that there is a difference between constituency and reserved seats. There may be reserved seats for Women, for members of the Scheduled Caste or for other specific groups, but constituency refers to the area.

¶56

We also noticed, on perusal of the records that almost all the 11 candidates whose names have been published in the final list, had first filled in the name of the place in the column meant for constituency, which was later struck out and caste, group and/or sex inserted. Pencil arrows reveal that in one or two cases, the column left blank may have been filled up later.

¶57

Name of the constituency, if any, cannot possibly mean reserved seats. The use of the expression 'if any' is significant. The column would have to be filled in only if applicable, that is, in a case of election from multiple constituencies.

¶58

We find that the form filled in by the petitioner is perfectly in order. The petitioner shall be allowed to contest. A fresh list of candidates shall immediately be published including the name of the petitioner.

¶59

The writ petition is disposed of. No costs. Consequently, the connected writ miscellaneous petitions are closed.

¶60

Sd/Assistant Registrar(AS) /True Copy/

¶61

Sub Assistant Registrar

¶62

¶63

1.The Joint Registrar of Co-operative Society, Sivagangai.

¶64

2.The Deputy Registrar of Co-operative Society, Karaikudi, Sivagangai District.

¶65

3.The Election Officer,

¶66

SP(SPL) 2, Primary Agriculture Credit https://hcservices.ecourts.gov.in/hcservices/ Co-operative Society, Kundrakudi, Sivagangai District.

¶67

¶68

4.The Secretary, SP(SPL) 2, Primary Agriculture Credit Co-operative Society, Kundrakudi, Sivagangai District.

¶69

+1CC to Mr.K.P.Narayana kumar, Advocate, SR.No. 60220

¶70

ORDER MADE IN W.P.[MD].No.7575 of 2018 and W.M.P(MD).Nos.7215 and 7216 of 2018 06.04.2018

¶71

¶72

AM/SV MMS/SAR 4/06.04.2018/7P/6C

¶73

https://hcservices.ecourts.gov.in/hcservices/

K.Arumugam v. the Joint Registrar of

Case brief

What is this about?

What did the court decide?

K.Arumugam v. the Joint Registrar of

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

N.Samidurai (Died) Vs the Principal Secretary to

S.Manikandan(Thro.Their Vs the Commissioner of

A.Pandaram, Vs the District Collector

Chairman Tamil Nadu Vs M.Rajapandian

G.Ramalingam, Vs the Management of Tamilnadu

The Joint Director of Medical Vs S.S.Mariappan