High Court Kerala High Court

Hari.S.Nair vs The Kattappana Urban … on 3 August, 2009

Kerala High Court
Hari.S.Nair vs The Kattappana Urban … on 3 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21707 of 2009(G)


1. HARI.S.NAIR,AGED 33 YEARS,
                      ...  Petitioner

                        Vs



1. THE KATTAPPANA URBAN CO-OPERATIVE BANK
                       ...       Respondent

2. THE JOINT REGISTRAR OF CO-OPERATIVE

3. THE ELECTORAL OFFICER/ASST.REGISTRAR OF

4. THE RETURNING OFFICER(UNIT INSPECTOR,

5. THE STATE CO-OPERATIVE ELECTION

                For Petitioner  :SRI.JOICE GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :03/08/2009

 O R D E R
                        ANTONY DOMINIC, J.
                   -------------------------
                    W.P.(C.) No.21707 of 2009
              ---------------------------------
              Dated, this the 3rd day of August, 2009

                           J U D G M E N T

The petitioner is a member of the 1st respondent Bank.

Election to the Board of Directors of the 1st respondent Bank was

notified as per Ext.P1 and the election is scheduled to take place on

08/08/2009. The petitioner submits that in terms of the

notification, a preliminary voters list was published and the final

voters list was published on 20/07/2009.

2. The petitioner states that in the preliminary voters list,

copy of which was served on him, his name was included and on

that basis, he filed his nomination on 27/07/2009. However, by

Ext.P6 dated 28/07/2009, the Returning Officer informed him that

his nomination is rejected as his name and number were not

included in the final voters list published on 20/07/2009.

Immediately on the next day itself, the 1st respondent Bank issued

Ext.P5 to the petitioner informing that omission to include in the

final voters list published on 20/07/2009 came to the notice of the

WP(C) No.21707/2009
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Bank only on 28/07/2009, and that the Bank has already intimated

the omission to the Returning Officer. In this communication, the

Bank has also stated that the omission is happened as the work of

preparation of the final voters list was outsourced, and that the

petitioner has all the qualifications to contest in the election.

Despite Ext.P5, his nomination was not accepted, and therefore, the

writ petition is filed.

3. Instructions have been obtained by the learned

Government Pleader, who also confirms that it was only on account

of an omission on the part of the 1st respondent that the petitioner’s

name happened to be not included in the final voters list.

Admittedly, the omission was happened at the hands of the 1st

respondent, and not for any reason, which is attributable to the

petitioner or to the Returning Officer.

4. Having regard to these facts, the petitioner, as a

member, is entitled to have submitted his nomination and it is for

the Returning Officer to ensure and satisfy that he is qualified to

contest in the election. In the peculiar facts of the case as noticed

above, I direct the Returning Officer to accept nomination of the

WP(C) No.21707/2009
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petitioner and verify whether he is eligible to be a candidate and if

so, permit him to be a candidate in the election.

5. The petitioner may produce a copy of this judgment

before the Returning Officer, who thereupon shall, in the presence

of the petitioner himself, verify his eligibility and take further action

on that basis.

The writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg