Thomas Mathew vs State Of Kerala Represented By … on 27 September, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 28701 of 2007(P)


1. THOMAS MATHEW,S/O. MATHEW CHACKO,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY SECRETARY
                       ...       Respondent

2. THE VEGETABLES AND FRUIT PROMOTION

3. BALACHANDRAN NAIR.R.,

4. P.P.SIBI JOSE,

                For Petitioner  :SRI.JOBI.A.THAMPI

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :27/09/2007

 O R D E R
                       ANTONY DOMINIC, J.
                     ===============
                  W.P.(C) NO. 28701 OF 2007
                 ====================

          Dated this the 27th day of September, 2007

                           J U D G M E N T

The complaint of the petitioner is that the 3rd respondent is

ineligible to contest as Director of the 2nd respondent Company

and that despite this, the 4th respondent Returning Officer has

accepted the nomination. Admittedly, the 2nd respondent is a

Company, incorporated under the provisions of the Companies

Act, 1950. Nomination and election to the post of Director in a

Company are matters governed by the provisions of the

Companies Act. If there is violation in these areas, Companies

Act itself provides remedy. It is for the petitioner to pursue those

remedies and this writ petition for that reason is not

maintainable.

Writ petition fails and is dismissed.

ANTONY DOMINIC, JUDGE.

Rp