Case Note & Summary
The petitioners, Baghele Narottam Gendlal and Thakre Mangal Chudaman, filed writ petitions challenging the rejection of their nomination papers for election to the Central Krushak Seva Sahakari Sanstha Maryadit, Gondia (respondent No.3). The Election Officer (respondent No.2) rejected the nomination forms on the ground that the petitioners had not signed affidavit-B. The petitioners argued that this was a minor defect of a clerical or technical nature, not of substantial character, and could have been permitted to be removed under Rule 21(2) and Rule 25(2)(4)(5) of the Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014. They relied on the cases of Godha Ram v. State of Punjab and Ravi Amrutrao Bagde v. Commissioner, Amravati Division. The respondents, including the State of Maharashtra, the Election Officer, and the Society, contended that signing affidavit-B was a mandatory requirement and the rejection was correct. The court, after hearing submissions, held that the omission to sign affidavit-B was a minor defect not of substantial character. The court noted that Rule 21(2) empowers the Election Officer to allow removal of such defects, and the officer should have permitted the petitioners to correct the error. The court allowed the writ petitions, set aside the rejection orders, and directed the Election Officer to accept the nomination papers and proceed with the election process, provided the petitioners rectify the defect within a specified time.
Headnote
A) Cooperative Law - Election - Nomination Paper - Minor Defect - The omission to sign affidavit-B in the nomination paper is a minor defect of a clerical or technical nature, not of substantial character, and can be permitted to be removed under Rule 21(2) of the Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014. The court held that the Election Officer ought to have allowed the petitioners to correct the defect instead of rejecting the nomination papers. (Paras 4-7) B) Cooperative Law - Election - Rules - Interpretation - Rule 21(2) and Rule 25(2)(4)(5) of the Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014 - The court interpreted that Rule 21(2) empowers the Election Officer to allow removal of defects which are not of a substantial character, and the failure to sign an affidavit is such a defect. The court relied on the principles in Godha Ram v. State of Punjab and Ravi Amrutrao Bagde v. Commissioner, Amravati Division. (Paras 4-7)
Issue of Consideration
Whether the omission to sign affidavit-B in the nomination paper is a defect of substantial character warranting rejection, or a minor defect curable under the Rules.
Final Decision
The court allowed the writ petitions, set aside the orders rejecting the nomination papers, and directed the Election Officer to accept the nomination papers and proceed with the election process, provided the petitioners rectify the defect within a specified time.
Law Points
- Minor defect in nomination paper
- curable defect
- mandatory requirement
- substantial character
- cooperative society election
- Rule 21(2)
- Rule 25(2)(4)(5)
- Maharashtra Cooperative Societies (Elections to Committee) Rules
- 2014
