K.S. Radhakrishnan, J.

The question that has come up for consideration in this case is whether Returning Officer is justified in rejecting the petitioner's nomination under R.35(3)(e)(ii) of the Co-operative Societies Rules, since nomination was not attested by an Advocate/ Gazetted Officer.

2. Ext. P1 is the election notification dated 17.8.98 published by the Returning Officer. The notification specifically says that the candidate has to submit nomination paper along with the affidavit duly attested. Registrar has also issued a circular insisting attestation of the affidavit by an advocate/gazetted Officer/ Rectification Officer.

3. Petitioner's nomination was scrutinised by the Returning Officer on 27.8.1998. On scrutiny it was found that nomination was not filed in compliance with R.35(3)(c)(ii) of the Co-operative Societies Rules and was rejected. Aggrieved by the same petitioner has filed this writ petition.

4. The main contention raised by counsel for petitioner is that attestation by advocate/gazetted Officer is not a mandatory requirement. Counsel submitted there is no dispute with regard to the identity of the person and nobody has objected in submitting his nomin