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2008 Supreme(Ker) 615

THOTTATHIL B.RADHAKRISHNAN
V. Rajasekharan Nair – Appellant
Versus
Returning Officer – Respondent


Advocates Appeared:For the Petitioner:George Poonthottam, Advocate. For the Respondents:R1, K.C. Santhosh Kumar, Govt.Pleader, R2, M. Sreekumar, Advocate.

Judgment :-

“CR”

1. Petitioner submitted nomination for election, notified as per Ext. P1, to the committee of the 2nd respondent co-operative bank. Ext. P3 evidences that his nomination was rejected on the ground that he was in default to the bank as on the date of submission of the nomination and though he is shown to have deposited Rs. 8,875/- on 7-11-2008 towards interest, he is in default, going by the ledger. That is under challenge.

2. The petitioner says that the loan account was closed on payment of interest as evidenced by Ext. P2 and renewed in his favour on 7-11-2008. Ext.P2 evidences only payment of interest. It does not disclose the alleged closure of the loan account.

3. Theother pleadings in paragraphs 2 to 4 of the writ petition are that an amount of Rs.1 lakh was sanctioned under the Kissan Credit Card account in favour of the petitioner and that the loan has been renewed on 7-11-2008. He also relies on entries in Ledger No.8 of the bank as recorded in page 38 of the same. His further contention is that while the petitioner’s nomination has been rejected o the ground of default in repayment of loan, the nomination paper of one Sainulabdeen has been accepted, though


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