SASEENDRAN Vs. KERALA STATE CO OPERATIVE ELECTION COMMISSION

JUDGEMENT

(1.) THE Electoral Officer of the Kerala State Co-operative election Commission issued notification dated 19th August, 2002 (Ext. P1 in O. P. 27295/02) for holding election to the Managing Committee to the Kerala State co-operative Federation for Fisheries Development Limited (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 18th September, 2002. Nominations had to be filed on 5th september, 2002 and its scrutiny was scheduled on 6th September, 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 Co-operative 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 10th September, 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 Co-operative society Ltd. No. F (Q) 16, and his nomination also was rejected. Accordingly he filed O. P. No. 26244/2002 on 13th September, 2002 challenging the above order. Sri. V. P. Babu, President of the Madappally Azhiyoor Fisherman Development welfare Co-operative 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 16th September, 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. 26399/02 also submitted that the Society which nominated the Petitioner as a candidate was not in default or a defaulter to the apex society. Ext. P3 is a certificate issued by the District Officer, MATSYAFED on 13th September, 2002 stating that the primary society represented by the petitioner was not a defaulter in respect of any loan transaction between the apex society and the primary society except the amount due under N. C. D. C. project. This certificate would reveal that the primary society was not at all a defaulter in except the amounts advanced by the N. C. D. C. projects. Thus the evidence let in by the petitioners would reveal that the primary societies were not in default in paying the amount in accordance with the payment schedule to the apex society except the amount due as per the N. C. D. C. project.