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N. NAGARESH
Advocate Rajesh Kumar C. , S/o G. C. S Pillai – Appellant
Versus
Prasad M. Cherian – Respondent
JUDGMENT :
The petitioners, who are members of the 12th respondent-Primary Co-operative Agricultural and Rural Development Bank, Thiruvalla, have filed this writ petition seeking to call for the records leading to the acceptance of nominations of respondents 1 to 9 as their names were reflected in Exts.P3 and P7 by issuing a writ quashing the acceptance of their nominations.
2. The term of the Managing Committee of the 12th respondent-Bank is to expire on 23.11.2023. Ext.P1 Notification for election to the Managing Committee of the Bank was published and the polling is scheduled to be held on 03.11.2023. The petitioners state that 30 nominations were received. After scrutiny, the Returning Officer published final list, which contained 28 names.
3. The petitioners state that after the publication of Ext.P2 list, the Returning Officer enquired with the Secretary of the Bank regarding the loan outstanding position of the candidates and matters as regards their qualification to contest in election. The Secretary provided Ext.P4 information to the Returning Officer which showed that respondents 1 to 9 are either in default or suffer other disqualifications in terms of the provisions of the
Section 69 of Kerala Co-operative Societies Act, 1969 specifically provides a remedy for resolution of dispute in connection with election to Managing Committee of any Society.
The rejection of nominations for election was upheld due to substantial defects in compliance with statutory requirements, emphasizing the importance of strict adherence to election laws.
Rejection of a nomination is unlawful if no specific disqualifying provision exists, affirming the statutory right to contest elections.
The rejection of a nomination paper on grounds not specified in the statutory rules is patently illegal, and this Court may, in exercise of its writ jurisdiction, interfere with such rejection during....
The main legal point established is that challenges to the election process for Co-operative Banks should be addressed through the procedure prescribed by the Maharashtra Co-operative Societies Act, ....
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