IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34170 of 2009(M)
1. SANIL JOHN, NEDIYATHARA HOUSE,
... Petitioner
2. A.K.RAJAN,
Vs
1. THE CHERANALLOOR SERVICE CO-OPERATIVE
... Respondent
2. THE RETURNING OFFICER,
3. JOHN BOSCO PONSEKA,
4. K.K.KALESAN, KADAVIL HOUSE,
5. SHANMUGAPURAM SERVICE CO-OPERATIVE
For Petitioner :SRI.P.P.JACOB
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :30/11/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.34170 of 2009
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Dated this the 30th day of November, 2009
J U D G M E N T
The petitioners are members of the 1st respondent co-operative
bank. They are aggrieved by the acceptance of nomination papers of
respondents 3 and 4 in the election to the Managing Committee of the
Bank. According to them, the nomination papers ought not to have
been accepted in view of the fact that respondents 3 and 4 are
members of the 5th respondent society also and dual membership is a
disqualification for contesting election.
2. The learned Government Pleader submits that a certificate
has been produced by respondents 3 and 4 to the effect that they are
not members of the 5th respondent society. It is also settled law as laid
down in the decision in Ambatt Asokan v. Oachira Service Co-operative
Bank Ltd. [2008 (3) KLT 645] that dual membership is not a
disqualification for contesting election to a co-operative bank unless
the members are members of the managing committee of another
society also. In view of the above legal position, there is no merit in
the writ petition and accordingly, the same is dismissed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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