K PANKAJAKSHA PANICKER Vs. N VENUGOPALAN NAIR

JUDGEMENT

(1.) This appeal is filed by respondents 2 to 10 in the writ petition, OP 6406 of 1993-K against the judgment dated 21.7.1993 of the learned single Judge allowing the writ petition. The respondents 1 to 9 in this appeal are the writ petitioners. Respondent 10 is the first respondent in writ petition. Respondents 11 to 13 are respondents 11 to 13 in the writ petition.

(2.) The facts of the case are as follows : The election to the Managing Committee of a Co-operative Society (The Kappikadu Ksheerolpadaka Sahakarana Sanghom (D) APCOS. Poovachal P.O.Trivandrum) was to be held on 22.5.1993. The Managing Committee consists of 9 members. On 21.4 1993, as per Ext. PI, election notice was issued by the Returning Officer showing that nine members are to be elected in the election to be held on 22.5.1993. The dates fixed for filing the nomination papers were from 1.5.1993 to 6.5.1993. The scrutiny was to take place on 7 5 1993. The nine respondents (writ petitioners) filed their nominations on time.

(3.) It is the case of the respondents (writ petitioners) that the Returning Officer initially accepted their nine nomination papers, but that after they left the place, he corrected the endorsement and rejected their nominations on the ground that the column relating to the date of election was not fully filled by the candidates, but was left blank. Then one of the seconders represented to the Returning Officer, but the representation was rejected. In the connected case, OP 6407 of 1993, which was also heard along with this OP 6406 of 1993, the nominations were rejected on the ground that the serial number in the voters' list of the first petitioner was wrongly shown and the serial number of seconder of the second petitioner was also wrongly shown. Later the Returning Officer gave his reasons for rejection in writing as per Ext P3 dated 7.5 1993. The appellants were declared elected uncontcsted.