K. AJIKUMAR Vs. STATE CO-OPERATIVE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioners, who are members of the 4th respondent Society, which is a co-operative society registered under the Kerala Co-operative Societies Act, 1969 have filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that they are fully qualified and eligible to contest the election to the Managing Committee of the 4th respondent Society, which is scheduled to be held on 14.10.2018 in terms of Ext.P1 election notification dated 15.09.2018 issued by the 1 st respondent State Co-operative Election Commission and that, the rejection of their nomination papers on the ground mentioned in Ext.P3 order dated 08.10.2018 of the 3 rd respondent Assistant Registrar (General) of Co-operative Societies, invoking Rule 44(1) (c)(i) is highly illegal, arbitrary and unsustainable. The petitioners have also sought for a writ of certiorari to quash Ext.P3 order dated 08.10.2018 of the 3rd respondent Assistant Registrar (General) of Co-operative societies and also a writ of mandamus commanding the 2nd respondent to accept the nominations of the petitioners and include them in the final list of candidates contesting in the election to the Managing Committee of the 4 th respondent society as per Ext.P1 election notification and allow them to contest in the election as requested in Ext.P2 representation.

(2.) Heard learned counsel for the petitioners and also the learned Senior Government Pleader appearing for respondents 1 to 4.

(3.) The pleading and materials on record would show that, based on Ext.P1 notification issued by the State Co-operative Election Commission, election to the Managing Committee of the 4th respondent Society is scheduled to be held on 14.10.2018. In terms of the said notification, the petitioners submitted their nominations, which now stand rejected by Ext.P3 order dated 08.10.2018 of the 3rd respondent, which is under challenge in this writ petition. In Ext.P3, the nominations submitted by the petitioners are rejected stating various reasons.