G USHAIAH Vs. DISTRICT COLLECTOR CO OPERATION MEDAK DT
LAWS(APH)-1992-1-32
HIGH COURT OF ANDHRA PRADESH
Decided on January 31,1992

GANGARAPU USHAIAH Appellant
VERSUS
DISTRICT COLLECTOR (CO-OPERATION), MEDAK DISTRICT Respondents

JUDGEMENT

- (1.)The 2nd respondent herein who is the Election Officer issued a Notification on 2-1-1992 to hold the elections to the Managing Committee of the Primary Agricultural Co-operative Credit Society, Chintakunta village, Andole Mandal, Medak District. The petitioner has filed his nomination for membership of the Managing Committee for Ward No.2, mentioning his serial No.984 in the voter's list prepared for this purpose. Unfortunately, the 2nd respondent rejected the nomination of the petitioner by the impugned order dated 10-1-1992 on the sole ground that his name at Serial No.984 is not tallied whereas his serial number is at 982. Assailing the validity of this rejection order, the petitioner filed this wot petition under Article 226 of the Constitution of India praying to set aside the impugned order and direct the respondents to treat his nomination as valid.
(2.)According to the election programme given by the 2nd respondent, 9-1-1992 is the date for filing nominations, 10-1-92 is the date for scrutiny, 11-1-1992 is the date of withdrawal and 23-1-1992 is elections to Members of the Managing Committee and 29-1-1992 is the election day to the post of Chairman of the 3rd respondent Society. The impugned order reads as follows: "10-1-1992" REJECTION ORDER
"The nomination of Sri Gangarapu Ushaiah son of Devaiah for Ward No.2 of P.A.CS. Chintakunta is rejected, as he has mentioned his serial number in the nomination form as 984; his serial number mentioned in the voters' List is at 982. Hence not tallied, nomination rejected. Sd/-Narayana Rao Election Officer, PACS, Chintakunta."

(3.)The main grounds urged by the petitioner are that there is a bona fide mistake in giving the serial number at 984 in the nomination form, that his identity is beyond doubt and in any case under Rule 22 of the A.P. Co-operative Societies Rules, ('the Rules') any misdescription either of the candidate or the proposer cannot be the ground to throw away the nomination when the identity of the candidate is not in dispute.
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