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2017 Supreme(Online)(KER) 7745

HIGH COURT OF KERALA
SHAJI P.CHALY, J
CHITHRANGATHAN K – Appellant
Versus
KANNUR URBAN CO-OPERATIVE SOCIETY LTD NO C – Respondent


JUDGMENT

Petitioner is a member of the 4th respondent society.

The election to the Managing Committee of the 4th respondent has been notified by the 2nd respondent as per Ext.P1. The date of nomination was on 5.7.2017 and the scrutiny was on 6.7.2017. Petitioner, who is fully qualified to vote and contest the election as per Ext.P1, submitted his nomination to the seat reserved for candidates from Scheduled Caste/Scheduled Tribe community on 5.7.2017. However, the nomination was rejected as per Ext.P6 for want of requisite exemption under rule 44(1)(f) of the Kerala Co-operative Societies Rules, 1969. The facts are, petitioner who is working as Attender in the 5th respondent society has submitted an application for sanction to contest in the election to the 4th respondent and 5th respondent vide resolution dated 28.6.2017 resolved to request to the 1st respondent to permit the petitioner to contest the election, by granting him exemption from rule 44(1)(f) of the Kerala Co-operative Societies Rules, 1969. According to the petitioner, though Ext.P4 request was submitted one week prior to the date of scrutiny, the 1st respondent for reasons best known to him, purposefully delayed the i

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