JAIMON JOHN Vs. STATE OF KERALA; KERALA STATE CO-OPERATIVE ELECTION COMMISSIONER; ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL); RETURNING OFFICER

JUDGEMENT

(1.) The petitioner, a member of 5th respondent Co- operative Society having membership No.12662, has filed this writ petition challenging the rejection of his nomination to contest as a candidate at the Election that is scheduled to be held on 23.06.2013. Exhibit P3 is the order by which, the 4th respondent has rejected the petitioner's nomination. The reason stated for the rejection is that the petitioner's brother's wife is a paid employee of the society. Therefore, he has been held to be disqualified from contesting the election in view of Rule 44 of the Kerala Co-operative Societies Rules,1969 ('the Rules' for short).

(2.) Advocate I. Sheela Devi appears for the 5th respondent bank. It is submitted that the action of the 4th respondent in rejecting the nomination of the petitioner is proper for the reason that the petitioner's brother's wife is a paid employee of the bank. In view of the bar contained in Rule 44, the petitioner is not entitled to contest as a candidate, it is submitted. According to the counsel, the relationship has to be considered from the side of the employee and so viewed, the petitioner is the husband's brother of the paid employee concerned. The Special Government Pleader Sri.D.Somasundaram supports the contentions of the 5th respondent.

(3.) The question essentially therefore is whether the petitioner is disqualified in view of the stipulation contained in Rule 44 of the Rules.