MOHAMMED ASHRAF Vs. STATE CO-OPERATIVE ELECTION COMMISSION

JUDGEMENT

(1.) The Managing Committee of the Arakkuparamba Service Co-operative Bank Ltd. ('the Bank' for short) comprises of 9 members as per Clause 31(2) of its Bye-laws who shall be the following:

(2.) The appellants submitted their nomination papers in time on 14.1.2019 in the category reserved for depositor on which date they had a deposit of Rs. 14733.00 and Rs. 11278.00 respectively in the Bank. But the Returning Officer rejected the nomination papers of the appellants by Exts.P5 and P6 orders dated 15.1.2019 on the ground that the amounts were not in fixed deposit. The rejection was challenged in a writ petition which was dismissed observing that the deposits were not fixed and made on the eve of election. The existence of an alternate remedy under Sec. 69 of the Kerala Co-operative Societies Act, 1969 ('the Act' for short) to raise an election dispute was yet another reason stated.

(3.) Mr.D.Somasundaram, Advocate appearing on behalf of the appellants points out that Sec. 28(1)(1C) of the Act containing a non-obstante clause has been overlooked which is as follows: