High Court Kerala High Court

Jacob vs The Returning Officer/Fisheries on 31 July, 2009

Kerala High Court
Jacob vs The Returning Officer/Fisheries on 31 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20561 of 2009(M)


1. JACOB, S/O. RAPPEL,
                      ...  Petitioner

                        Vs



1. THE RETURNING OFFICER/FISHERIES
                       ...       Respondent

2. NAYARAMBALAM MATSYA THOZHILALI VIKASANA

3. AJITHA JOSEPH,

4. UTHAMAN K.R.,

5. GIRISH,

6. K.V.DAMODARAN,

7. A.G.FALGUNAN, S/O. GOVINDAN,

8. BEENS,

9. P.K.REGHU,

10. K.S.RAJAN,

11. P.B.RAJALSU,

12. RAJESH AYYAPPAN,

13. LEENA JOY,

14. K.B.LEELADHARAN,

15. C.T.VIJAYAN,

16. SIVAN K.R.,

17. SISUPALAN T.K.,

18. K.K.SUKUMARAN KOMATH,

19. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.T.A.SHAJI

                For Respondent  :SRI.GEORGE POONTHOTTAM

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :31/07/2009

 O R D E R
                   ANTONY DOMINIC,J.
                ---------------------
                W.P.(C).No.20561 OF 2009
              ------------------------
            Dated this the 31st day of July, 2009.

                        JUDGMENT

When the matter was taken up, at the request of the

counsel for the petitioner, respondents 3 to 19 are deleted

and the additional 20th respondent is renumbered as addl.

3rd respondent.

2. Heard the counsel for the 2nd respondent and also

the counsel for the additional 20th respondent.

3. Election to the Managing Committee of the 2nd

respondent Society is scheduled to be held on 2.8.2009.

Petitioner as a member of the society filed his nomination.

That was rejected by the Returning Officer as per Ext.P3

proceedings. The reason stated is that the petitioner is a

defaulter to the addl. 3rd respondent Society. It is

challenging Ext.P3 on the basis that, the petitioner has not

availed of any loan or stood as a surety for any loan taken

WP(c ).No.20561/09 2

from the addl.3rd respondent and therefore rejection of

nomination is illegal, that the writ petition is filed. The

prayer sought for in this writ petition is to quash Ext.P3 and

to direct the first respondent to accept the nomination

submitted by the petitioner and permit him to contest in the

election to the managing committee of the 2nd respondent.

4. On notice issued, the addl.3rd respondent has filed a

counter affidavit, It is stated that the first respondent had

issued Ext.R20 communication requesting the addl. 3rd

respondent to intimate as to whether any one of the persons

in the list attached thereto is a defaulter to the Society. It is

stated that in reply to the said letter, they issued Ext.R20(a)

stating that one Jacob, Arackal has outstanding dues.

According to the respondent such a letter was issued based

on the entry in the Flood Relief Scheme register dated

25.2.1986 maintained in his office. It is stated that after the

said letter was given, on 17.7.2008 the first respondent

enquired about the correctness of the contents of the

WP(c ).No.20561/09 3

aforesaid letter and that the petitioner also had approached

the addl. 3rd respondent seeking clarification contending that

he was not a defaulter. It is stated that there upon he verified

the register and in the register all that was mentioned is that

one Jacob, Arackal is a defaulter. According to the addl.3rd

respondent, there was nothing to conclude that petitioner

herein is the Jacob, Arackal mentioned in the register. It is

stated that, thereupon he clarified the position to the first

respondent.

5. From the facts as pleaded in the counter affidavit

referred to above, it is evident that, although one Jacob,

Arackal is a defaulter, as per the entries in the Flood Relief

Scheme Register maintained by the addl. 3rd respondent, there

is nothing available to conclude that the said Jacob, Arackal is

the petitioner herein. If that be so, it is unfair and illegal to

reject the nomination submitted by the petitioner and he is

entitled to be given an opportunity to contest in the election.

WP(c ).No.20561/09 4

6. In view of the above quashing Ext.P3, I direct the first

respondent to accept the nomination submitted by the

petitioner and allow him to contest in the election to be held

on 2.8.2009. However, it is clarified that the judgment is

rendered based entirely on the materials available in this writ

petition and the findings in the judgment will not stand in the

way of any of the aggrieved party to contest the eligibility of

the petitioner in appropriate proceedings.

Writ Petition is disposed of as above.

vi                                    (ANTONY DOMINIC)
                                              JUDGE