SUJA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are Class A members of the 6th respondent, Nellimoodu Vanitha Co-operative Society Ltd. No. T-1334 (for short 'the Society'). Class A members of the Society are eligible to vote and contest election to the Managing Committee of the Society. The State Co-operative Election Commission, issued Ext.P4 notification for election to the Managing Committee of the Society in terms of Sec. 28B of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the Act', for short) read with Rule 35A of the Kerala Co-operative Societies Rules, 1969 (for short, 'the Rules'). The number of vacancies (seats) to be filled up by election is notified as '7', comprising four seats under the general category, one seat for SC/ST category and two seats reserved for candidates under the age of 40 years. As per the election programme, the date for making nominations was 28/11/2024 and the scrutiny of nominations was slated on 29/11/2024. The date for withdrawal of nominations was fixed as 30/11/2024 and the notified date for poll is 15/12/2024.

(2.) The petitioners submitted their nomination papers on 28/11/2024; the 1st petitioner to contest in the general category, the 2nd petitioner in the seats reserved for candidates under the age of 40 years and the 3rd petitioner in the category reserved for SC/ST. The nominations were filed in the prescribed form, and the petitioners made the required deposit under Rule 35A(6)(b) of the Rules as evidenced by Exts. P5 to P7 receipts. Altogether 13 nominations were received. Ext. P8 is the list of nominations received and published by the Returning Officer, the 5th respondent.

(3.) The scrutiny of nominations was conducted by the Returning Officer on 29/11/2024. The petitioners state that the scrutiny, which commenced at 11:00 a.m., was completed by 11:30 a.m., and their nominations were rejected by the Returning Officer. The petitioners further state that no reason whatsoever was provided for rejecting their nominations. Ext. P9 is the list of validly nominated candidates. There are 9 valid nominations. Before the expiry of the time fixed for withdrawal of candidatures, two candidates withdrew their nomination. Ext. P11 is the final list of contesting candidates which included only 7 seven candidates for the 7 seats notified for election.