P.P. JOSE AND ORS. Vs. SENIOR CO-OPERATIVE INSPECTOR (INDUSTRIES), THE RETURNING OFFICER, THE QUILON DISTRICT MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY LTD. AND ORS.

JUDGEMENT

(1.) THE issue in this writ petition is as regards providing the necessary information in the nomination form.

(2.) THE petitioners are the members of the sixth respondent Co -operative Society, which is said to be an instrumentality of the State. As the election for its Board of Directors/Representative General Body was slated to be held on 06.08.2015, the petitioners submitted their nomination papers in Form No. 36 as prescribed by Rule 35A(6)(a) of the Co -operative Societies Rules, 1969 ('the Rules' for brevity). The composition of the seven vacancies is as follows: General -3, Women -3, and SC/ST -1: Total -7. Petitioners 1 to 3 are men and petitioners 4 to 7 are women. The sixth respondent has no member from SC/ST category.

(3.) IT is, however, the singular contention of the learned Government Pleader that unless the composition of reservation is clear, and unless, in the nomination form, the candidates provide the details whether they are contesting under the general category or reserved category, it is difficult for the Scrutiny Officer to accept the nominations. He has also contended that in the absence of any specific information concerning the reservations, all the nominations are required to be treated as general, in which event there will not be sufficient quorum.