SALIM Vs. JOINT REGISTRAR

JUDGEMENT

(1.) PETITIONERS are aggrieved by the action of the second respondent, Returning Officer, in accepting the nomination of respondents 3 to 5 for election to the Board of Directors of the Kandala Service Co-operative bank Ltd.

(2.) EXT. P1 is the election notification issued for conducting election to the above mentioned Co-operative bank. As per the notification seven persons have to be elected and election is on ward basis as there are seven wards for the bank. Date fixed for submission of notification was 2. 7. 1998 and 3. 7. 1998 was the date fixed for scrutiny of nominations. Petitioners submitted their nominations. First petitioner and third respondent submitted nominations to contest from Kandala 'a' ward. Second petitioner and fourth respondent submitted nominations to contest from Aruvikara'a' ward and third petitioner and 5th respondent submitted nominations to contest from Aruvikara 'b' ward.

(3.) COMPLAINT of the petitioners is that inspite of the fact that Secretary submitted a written list of persons who have liability to the bank, including respondents 3 to 5, and the relevant documents evidencing disqualification, Returning Officer did not consider those materials and accepted the nominations of respondents 3 to 5. Counsel for the petitioners relied on R. 4 (1) (c) of the Kerala Co-operative Societies Rules and contended that since respondents 3 to 5 stood as sureties and failed to remit the amount, inspite of notice, they are disqualified from standing for election. Reliance was also placed on R. 35 (3) (d) and contended that no member shall be nominated if the person is disqualified to be a member of the committee. Decision of this court in Thankappan v. Co-operative Tribunal, 1979 KLT528 was also cited by counsel. According to him, Returning Officer is bound to comply with the provisions of R. 35 read with R. 44 (1) (c) of the Rules, failing which the entire election will have to be declared as void.