M R SOMAN Vs. ELECTROL OFFICER

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Government Pleader.

(2.) The petitioner challenges the rejection of the nomination submitted by him for election to the committee of a co-operative society. Admittedly, he did not make the declaration to be made by the candidate, though he states that he has made a declaration to be made by a candidate who is contesting to the seat reserved for SC/ST. He, therefore, contends that such a declaration would be sufficient and would be one in lieu of the declaration of the candidate as required by Form No. 36 issued in terms of Rule 35A(6)(a) of the Kerala Co-operative Societies Rules, 1969, for short, the Rules . The argument on behalf of the petitioner is that a declaration that the petitioner is qualified to contest for election in the seat reserved for SC/ST candidates in the election proposed to be held on a particular day should necessarily be treated to include his declaration that he has no disqualification under the Act and that he is willing to contest.

(3.) For one thing, the form of nomination is a statutory form. The requirement to make the nomination in that form is a statutory requirement. The Rules prescribe the form and enjoins that the making of the nomination shall be in that form. When the law obliges a person to do a thing in a particular manner, the same shall be done in that way, except in cases where the rule is only directory or in certain exceptional situations where it could be held that there is substantial compliance of all necessary ingredients and anything surviving would be merely a surplusage.