IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33429 of 2008(D)
1. VALSALA K.G., W/O.CHANDRAN,
... Petitioner
Vs
1. THE JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
2. THE RETURNING OFFICER, VELUR SERVICE
3. VELUR SERVICE CO-OPERATIVE BANK LTD.
4. THE KERALA STATE CO-OPERATIVE ELECTION
For Petitioner :SRI.G.KRISHNAKUMAR
For Respondent :SRI.C.D.DILEEP
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :19/11/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.33429 of 2008-D
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Dated this the 19th day of November, 2008.
JUDGMENT
The petitioner’s nomination for the election to
the committee of the 3rd respondent co-operative
society has been rejected by the 2nd respondent
Returning Officer on the ground that the
documents produced by Sri.O.L.Jacob and
Sri.O.K.Francis show that the petitioner is
conducting a similar business as is being
conducted by the co-operative society and
therefore, she is not eligible to contest in the
election. The ground on which the nomination has
been rejected would necessarily give rise to
disputed questions of fact since the writ
petition is filed on the assertion that the
petitioner is not conducting any business which
is similar to that of the business of the co-
operative society. Hence, after arguing the
WP(C)33429/08 -: 2 :-
matter for quite some time, learned counsel for
the petitioner seeks leave of this Court to
withdraw this writ petition preserving all
contentions and without prejudice to the right
of the petitioner to challenge the election
results before the competent Tribunal in
accordance with the KCS Act and Rules. Granting
such leave as sought for, this writ petition is
dismissed as withdrawn.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/201108