LORDAN Vs. REGISTRAR FISHERIES DIRECTORATE

JUDGEMENT

(1.) THE Electoral Officer of the Kerala State Cooperative Election Commission issued notification dated 19.8.2002 (Ext. P1 in O.P. 27295/02) for holding election to the Managing Committee to the Kerala State Cooperative Federation for Fisheries Development Ltd. (MATSYAFED). As per the notification, 15 members were to be elected, viz., 13 members from the general seat, one member from SC/ST, and one lady member. Election was scheduled to be held on 18.9.2002. Nominations had to be filed on 5.9.2002 and its scrutiny was scheduled on 6.9.2002. The Returning Officer, MATSYAFED, accepted the nomination papers and rejected some of the nomination papers on the ground that the societies represented by those persons who filed the nominations were defaulters or in default to the apex society - the MATSYAFED. The President of the Pulluvila Fisherman Development Welfare Cooperative Society Ltd., No. F(T) 28, Sri Lordan filed nomination as the nominee of the above society and his nomination was rejected. He filed O.P. No. 25795/02 on 10.9.2002. Sri. V.V. Saseendran, who was the former Chairman of the MATSYAFED filed nomination as the nominee representing the Maruthoorkulangara Kulasekharapuram Fisherman Development Welfare Cooperative Society Ltd., No. F(Q) 16, and his nomination also was rejected. Accordingly he filed O.P. No. 26244/2002 on 13.9.2002 challenging the above order. Sri. V.P. Babu, President of the Madappally Azhiyoor Fisherman Development Welfare Cooperative Society Ltd., No. E(K) 20, filed nomination representing the Society and his nomination also was rejected. Accordingly he filed O.P. 26399/02 on 16.9.2002 challenging the order.

(2.) HEARD the learned counsel for the petitioners, standing counsel for the Returning Officer, MATSYAFED and also the learned Government Pleader.

(3.) THE learned counsel appearing for the petitioner in O.P. 26244/02 also submitted that the Society which nominated the petitioner was not a defaulter or in default to the apex society. It was further submitted that the repayment schedule issued by the apex society itself would reveal that the repayment made was in excess of the schedule of payments. Ext. P2(4), DCB statement as on 31.8.2002 issued by the apex society would reveal that the percentage of repayment was exceeding 100 per cent. The other statement namely Ext. P3(2) would reveal that percentage of payment in respect of NCDC loans was below the required percentage.