Case Note & Summary
The petitioner, Smt. Vanishree, President of Rythara Seva Sahakara Sangha Niyamitha, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the rejection of her candidature for the Representative General Body (RGB) election of Indian Farmers Fertilisers Co-operative Limited (IFFCO) held on 25.02.2014 at Mysuru. The rejection was based on Bye-law 19(e) of IFFCO, which restricts candidature to societies with a turnover of more than Rs.10 lakhs. The petitioner's society had a turnover of less than Rs.10 lakhs, leading to the rejection. She also sought to quash Bye-law 19(e) as arbitrary and discriminatory. The court examined the bye-law and found that it creates a reasonable classification based on turnover, which is an intelligible differentia. The court noted that the right to contest elections is a statutory right, not a fundamental right, and therefore the bye-law cannot be challenged on the ground of violation of fundamental rights. The court held that the bye-law is valid and the rejection of the petitioner's nomination was proper. Consequently, the writ petitions were dismissed.
Headnote
A) Cooperative Law - Bye-law Validity - Reasonable Classification - Bye-law 19(e) of IFFCO - The court considered whether a bye-law restricting candidature for RGB election to societies with turnover above Rs.10 lakhs is arbitrary. Held that the classification is reasonable and based on intelligible differentia, as it ensures representation of societies with significant business volume. The bye-law is not discriminatory and does not violate any fundamental right. (Paras 1-3) B) Election Law - Right to Contest - No Fundamental Right - Articles 226 and 227 of Constitution of India - The court held that the right to contest elections is a statutory right, not a fundamental right. Therefore, the petitioner cannot challenge the bye-law as infringing her fundamental rights. The rejection of her nomination based on the bye-law was valid. (Paras 2-3)
Issue of Consideration
Whether Bye-law 19(e) of IFFCO, which restricts candidature for Representative General Body (RGB) election to societies with a turnover of more than Rs.10 lakhs, is arbitrary, discriminatory, and violative of the petitioner's right to contest, and whether the rejection of the petitioner's nomination based on her society's turnover being less than Rs.10 lakhs is valid.
Final Decision
Writ petitions dismissed. The rejection of petitioner's candidature and Bye-law 19(e) are upheld as valid.
Law Points
- Election law
- Bye-law validity
- Cooperative societies
- Right to contest
- Reasonable classification
- Articles 226 and 227 of Constitution of India
