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 committee of respondent No.3, Central Krushak Seva Sahakari Sanstha Maryadit, Gondia. The nomination forms were rejected by respondent No.2, the Election Officer, 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, which 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 all parties, held that the omission to sign affidavit-B was a minor defect, not of a substantial character, and the Election Officer should have allowed the petitioners to correct it under Rule 21(2). The court set aside the rejection orders and directed the Election Officer to accept the nomination papers and proceed with the election in accordance with law. The writ petitions were allowed with no order as to costs.
Headnote
A) Cooperative Law - Election - Nomination Paper - Minor Defect - Curable Defect - The omission to sign affidavit-B in the nomination form is a minor defect of a clerical or technical nature, not a defect of substantial character, and is curable under Rule 21(2) of the Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014. The Election Officer ought to have allowed the petitioners to remove the defect instead of rejecting the nomination papers. (Paras 4-7) B) Cooperative Law - Election - Rules - Rule 21(2) and Rule 25(2)(4)(5) - Interpretation - Rule 21(2) empowers the Election Officer to allow correction of defects in nomination papers, and Rule 25(2)(4)(5) provides for scrutiny and rejection only for defects of substantial character. Non-signing of affidavit-B is not a substantial defect. (Paras 4-7)
Issue of Consideration
Whether the omission to sign affidavit-B in the nomination form is a defect of substantial character warranting rejection, or a minor defect curable under Rule 21(2) of the Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014.
Final Decision
The court allowed the writ petitions, set aside the orders of rejection of nomination papers, and directed respondent No.2 (Election Officer) to accept the nomination papers of the petitioners and proceed with the election in accordance with law. No order as to costs.
Law Points
- Minor defect in nomination paper is curable
- Rejection of nomination for non-signing of affidavit-B is improper
- Rule 21(2) of Maharashtra Cooperative Societies (Elections to Committee) Rules
- 2014 allows removal of defects
