KUTTIYACHAN JOSEPH Vs. MANOHARAN

JUDGEMENT

(1.) This writ appeal arises out of the judgment in the case titled P.V. Manoharan v. Kerala State Co-operative Election Commission and others [2016 (1) KLJ 784] .

(2.) The nomination put in by the appellants for election to the managing committee of the fifth respondent bank was accepted by the third respondent Returning Officer notwithstanding the objection of the first respondent. The third respondent overruled the objection by Ext.P5 order on the ground that the documents produced by the first respondent are not attested or certified copies. The documents pertained to the suspension of sentence in Crl.R.P.No.3741/2006 filed by the appellants challenging their conviction and sentence. The appellants had been convicted and sentenced for offences alleged under Sections 406 and 465 of the Indian Penal Code by the trial court and lower appellate court. The sentence of imprisonment alone had been suspended by this Court in Crl.R.P.No.3741/2006 which was brought to the notice of the third respondent by the first respondent though in vain.

(3.) The first respondent challenged Ext.P5 order overruling his objection in the writ petition contending inter alia that the appellants are disqualified for being elected as members of the managing committee. The first respondent relying on Rule 44(1)(c)(ii) of the Kerala Co-operative Societies Rules, 1969 ('the Rules' for short) asserted that the disqualification is on account of conviction and sentence. The appellants on the other hand pointed out that the disqualification is only for the operation of sentence which has however been suspended in Crl.R.P.No.3741/2006. The appellants added that acceptance of nomination even if erroneous can only be questioned in a dispute under Section 69(2)(c) of the Kerala Co-operative Societies Act, 1969 ('the Act' for short). The learned single Judge has by the judgment impugned declared that the appellants are disqualified from contesting the election to the managing committee.