OBC candidates elected to SC/ST-reserved cooperative seats; Chhattisgarh High Court upholds cancellation and orders fresh polls

The petitioners, elected representatives of various Prathmik Laghu Vanopaj Sahkari Samitis, challenged the State Cooperative Election Commission’s order dated 28 February 2022 declaring the elections invalid and directing fresh elections.

They alleged that the Commission acted without jurisdiction and without notice or an opportunity to be heard.

The Commission maintained that the elections violated statutory reservation requirements because OBC candidates had been elected to seats reserved for Scheduled Castes and Scheduled Tribes, although eligible candidates from those categories were available.

The petitions were heard together, with WPC No. 1246 of 2022 treated as the lead case.

1. Whether candidates belonging to the OBC could be declared elected to seats reserved for Scheduled Castes and Scheduled Tribes where the statutory requirements applied.

2. Whether the Election Commission could declare the elections invalid without first giving the elected representatives notice and an opportunity to be heard.

3. Whether the Election Commission had authority to invalidate the elections and direct fresh elections.

Section 48-B(2)(a) of the Chhattisgarh Cooperative Societies Act, 1960 provides that, in a society where at least half of the members belong to Scheduled Castes and Scheduled Tribes, the representative must be from among members of those communities.

Section 50-B(5)(b) authorises the Election Commission to appoint a Returning Officer to conduct elections, while Section 50-B(10) empowers it to issue binding instructions to a society’s Board or its members for free and fair elections.

Rule 49-D of the Chhattisgarh Cooperative Societies Rules, 1962 governs appointment of the Returning Officer and provides for reservation of a seat where the society has individual members belonging to Scheduled Castes or Scheduled Tribes.

The Court held that an election conducted contrary to mandatory statutory provisions is void and that, where the election is void ab initio, the absence of prior notice or hearing does not vitiate the action taken to invalidate it.

The Court found that Scheduled Caste and Scheduled Tribe members constituted approximately 76.49% of the electorate and that the contested seats were reserved for those categories, yet OBC candidates had been declared elected.

It treated that result as contrary to Section 48-B(2)(a) and held that the statutory breach rendered the elections invalid from their inception.

On that basis, the Commission could declare the elections invalid, and the Court considered a prior hearing unnecessary because the elections were void ab initio.

The petitioners’ continued tenure under an interim order did not warrant relief.

It dismissed all the writ petitions, vacated the interim order dated 10 March 2022, and directed the Commission to initiate and conduct fresh elections for the concerned societies in accordance with law.