SOBHANADAS Vs. STATE CO

JUDGEMENT

(1.) The petitioner, who is the member of the 3rd respondent Service Co-operative Bank, which is a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969 and Rules made thereunder has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that, he is fully eligible to contest in the election to the Managing Committee of the said Society in the election scheduled to be held on 04.11.2018 in terms of Ext.P1 notification issued by the 1st respondent State Co-operative Election Commission and that, the rejection of his nomination on the ground that his sister's daughter is an employee of the Bank is highly illegal and unsustainable. The petitioner also sought for a writ of mandamus commanding the 2nd respondent to accept his nomination and include his name in the final list of candidates contesting in the election in terms of Ext.P1 notification and allow him to contest in the election scheduled to be held as per the said notification. The further relief sought for is a writ of mandamus commanding the 2nd respondent Returning Officer to produce the copy of the order rejecting his name.

(2.) On 23.10.2018, when this writ petition came for admission, the learned Senior Government Pleader took notice on admission for respondents 1 and 2 and urgent notice by special messenger was ordered to the 3rd respondent, returnable on 26.10.2018. The learned Senior Government Pleader sought time to get instructions as to whether the 2nd respondent Returning Officer has already issued an order rejecting the nomination made by the petitioner.

(3.) On 26.10.2018 when this writ petition came for further consideration, the learned Senior Government Pleader, on instructions, submitted that the 2nd respondent Returning Officer has already issued order No.NTA 2755/18 dated 17.10.2018 rejecting the nomination made by the petitioner and that, a copy of the said order shall be placed on record along with a memo. Accordingly, a copy of the order dated 17.10.2018 of the 2nd respondent Returning Officer is placed on record along with a memo dated 27.10.2018 of the learned Senior Government Pleader.