AMBATT ASOKAN Vs. OACHIRA SERVICE COOP BANK LTD

JUDGEMENT

(1.) The petitioner challenges rejection of his nomination as a candidate for the election to the committee of the first respondent Co-operative Bank. He became a member of that Bank on 18-8-1979 It is stated that he had been a member of its committee repeatedly, at least on three occasions. The rejection of his nomination for the ensuing election is on the ground that he holds dual membership in as much as, from 12-12-1997, he had been a member of the Klappana Service Co-operative Bank, a society of the same type as that of the first respondent. These facts are not in dispute.

(2.) The petitioner contends that in terms of Rules 16 and 44 of the Kerala Co-operative Societies Rules, 1969, the "Rules", for short, and in terms of Section 28(2) of the Kerala Co-operative Societies Act, 1969, for short, the "Act", dual membership is not a disqualification and the only action that could be taken against the petitioner is his removal from membership in terms of Rule 27(2) of the Rules.

(3.) Per contra, the learned Senior Government Pleader argued that this Court has laid down in Vjjayakumar v. Joint Registrar,1996 1 KLT 285 that the returning officer is within jurisdiction to decide on the question of qualification and that, in terms of Rule 35A(6)(d), no person who is ineligible to vote in the election, shall be nominated as a candidate for the election.