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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu, J
R. Suresh Babu – Appellant
Versus
State Co-Operative Election Commission Co-Bank Towers – Respondent
| Table of Content |
|---|
| 1. factual background of the election process (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments related to the nomination rejection (Para 11 , 12 , 13 , 15 , 16 , 17) |
| 3. court's analysis on election disputes (Para 18 , 19 , 20 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. legal grounds for nomination eligibility (Para 21) |
| 5. conclusion allowing the writ petition (Para 28) |
JUDGMENT :
K. BABU, J.
The petitioner is a member of the APCOS Employees Co-operative Society Ltd No. T.1323 at Plamoottukada, Neyyattinkara, Thiruvananthapuram District. His membership number in the Society is 137. The Society is affiliated to the Circle Co-operative Union, Neyattinkara (respondent No.2).
2. The election to Respondent No.2 – Union was notified by Respondent No.1 through an election notification dated 30.07.2025, appointing Respondent No.3 as the Returning Officer and scheduling the election on 20.09.2025.
3. There are eight constituencies in the Circle Co-operative Union, where from 11 members are to be elected to the Managing Committee.
4. Constituency B2 is reserved for the employees of the Primary and Apex Co-operative Societies under the Union.
5. The petitioner filed nomination to contest
Rejection of a nomination is unlawful if no specific disqualifying provision exists, affirming the statutory right to contest elections.
Cross-nomination between candidates in same constituency does not disqualify; rejection without valid statutory reason is illegal.
A High Court may exercise writ jurisdiction under Article 226 to correct the illegal rejection of an election nomination if the rejection is based on grounds not supported by the governing statute, p....
A nomination paper cannot be rejected on grounds not specifically prescribed in the statute or rules, and a candidate is not disqualified from proposing another candidate in the same constituency in ....
The High Court may exercise its jurisdiction under Article 226 to intervene in election processes when a nomination is rejected on patently illegal grounds, provided such intervention corrects or smo....
The rejection of a nomination paper on non-existent grounds under the applicable election rules is patently illegal, and Courts can exercise writ jurisdiction to correct such errors during the electi....
A Writ Court may intervene in an ongoing election process to set aside the rejection of a nomination when such rejection is patently illegal, lacks statutory backing, and can be rectified without int....
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....
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