KURIAKOSE BABY Vs. KADAVOOR SERVICE CO OP BANK

JUDGEMENT

(1.) Heard learned Government Pleader appearing for the second respondent

(2.) The election to the managing committee of the first respondent bank is scheduled to be held on 27-8-1994. The petitioner was a contesting candidate. He submitted his nomination on 4-8-1994. On scrutiny on 5-8-1994, the nomination of the petitioner was accepted. The complaint of the petitioner is that when the final list of contesting candidates was published, his name was not included in the said list. On enquiry, the petitioner came to know that his name was deleted by the second respondent.

(3.) The grievance of the petitioner is that his nomination has been rejected by the second respondent on the ground that he was in default of certain amounts due to another cooperative society. According to the petitioner, even though certain amounts were due from him to Bhavana Nirmana Sahakarana Sangham E. 708, Pothanicadu, the same was cleared on 5-8-1994 and he produced the receipt evidencing payment before the second respondent. According to the petitioner, since he has cleared off all dues to another cooperative society as on the date of scrutiny he cannot be declared as a defaulter nor can he be held to be in default. R.44 of the Kerala Cooperative Societies Rules (for short the Rules) dealing with disqualification of membership to Committees of Societies provides as follows: