ABRAHAM MAMMEN Vs. STATE COOPERATIVE ELECTION COMMISSION

JUDGEMENT

(1.) Heard Sri.George Poonthottam, the learned Senior Counsel for the petitioners in W.P.(C).No.24840 of 2019, Sri.D.Somasundaram, the learned counsel for the petitioners in W.P.(C).No.24843 of 2019, Sri.M.Sasindran, the learned counsel for the petitioners in W.P.(C).No.25149 of 2019, Sri.R.Lakshmi Narayan, the learned standing counsel for the State Co-operative Election Commission, Sri.N.Reghuraj, the learned counsel for the respondent Society and Sri. Bimal Nath, learned senior Government Pleader.

(2.) These writ petitions are filed challenging action of the Returning Officer of the Pazhavangadikkara Service Co-operative Bank Limited in rejecting the nomination submitted by the petitioners.

(3.) It is submitted that the nominations had been rejected on the ground that the petitioners were sureties to the different loans and default had been committed in repayment of the loans. Relying on the provisions of Rule 44 (1) (c) (i) of the Kerala Cooperative Societies Rules [hereinafter referred to as the 'Rules'] and proviso to Rule 44 (2) (c), the learned counsel appearing for the petitioners contend that where the disqualification is in respect of loans to which the concerned member had stood as surety, there has to be notice issued informing the member concerned of the default committed by the principal debtor and it is only after expiry of 30 days from the receipt by the member concerned of the notice from the society demanding him to clear the default that disqualification under Rule 44 (1) (c) (i) would accrue. Reliance is placed on the decision of this Court in Salim Vs. Joint Registrar, 1998 2 KerLT 665 wherein the issue was pointedly considered. The decision of a Division Bench of this Court in Abdul Rasheed Vs. State of Kerala, 1988 1 KerLT 190 is also relied on.