IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19451 of 2009(B)
1. P.JAYAN, PUTHUMADATHIL,
... Petitioner
Vs
1. THE RETURNING OFFICER,
... Respondent
2. THE ADIMALI RURAL CO-OP. SOCIETY LTD.
For Petitioner :SRI.P.P.JACOB
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :14/07/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.19451 of 2009
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Dated, this the 14th day of July, 2009
J U D G M E N T
The learned Government Pleader has obtained instructions
from the 1st respondent, who has issued Ext.P2 order impugned in
the writ petition.
2. A reading of Ext.P2 shows that the nomination submitted
by the petitioner was rejected by the 1st respondent for the reason
that there was some mistake regarding the address of the person,
who seconded him. On instructions, the learned Government
Pleader reiterates the same.
3. In my view, this is fully covered by the proviso to Rule 35
(e) of the Kerala Co-oprative Societies Rules, which provides that the
nomination of a candidate shall not be rejected merely on the
ground of an incorrect description of his name or of the name of his
proposer or seconder or of any other particulars relating to the
candidate or his proposer or secondor as entered in the list of
members.
WP(C) No.19451/2009
-2-
4. In view of the above said provision, the rejection of the
petitioner’s nomination is clearly erroneous, and for that reason
Ext.P2 is set aside.
5. The writ petition is therefore disposed of directing the 1st
respondent to accept the nomination of the petitioner enabling him
to contest the election to the Managing Committee of the 2nd
respondent as scheduled in Ext.P1.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg