IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA MONDAY, THE 12^TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945 WA NO. 2245 OF 2023 AGAINST THE JUDGMENT DTD.22/12/2023 IN WP(C) 43307/2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

PRAVEEN P.KOTTAKUZHI, AGED 38 YEARS S/O PRABHAKARAN PILLAI, PRESIDENT, TRIVANDRUM LABOUR CONTRACT CO-OPERATIVE SOCIETY LIMITED NO: T 1072, KUMARAPURAM, AYIROPARA, THIRUVANANTHAPURAM, PIN - 695584 BY ADV MARIA NEDUMPARA RESPONDENTS/RESPONDENTS:

1 THE STATE CO-OPERATIVE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY, 3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN - 695033

2 THE ELECTORAL OFFICER/ ASSISTANT REGISTRAR (GENERAL), THIRUVANANTHAPURAM OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PALAYAM, THIRUVANANTHAPURAM, PIN: 695001 ELECTION TO THE MANAGING COMMITTEE OF KERALA STATE LABOUR CO OPERATIVE'S FEDERATION LIMITED NO 4491 [LABOURFED], THIRUVANANTHAPURAM, COSTECH BUILDING, T.C 11/738(1), DIVISION OFFICE ROAD, NEAR HOTEL PRASANTH, PMG, THIRUVANANTHAPURAM, PIN - 695033

3 THE RETURNING OFFICER/ UNIT INSPECTOR PAPPANAMCODE, OFFICE OF THE ASSISTANT REGISTRAR OF CO-

OPERATIVE SOCIETIES (GENERAL), PALAYAM, THIRUVANANTHAPURAM,PIN-695001, ELECTION TO THE MANAGING COMMITTEE OF KERALA STATE LABOUR CO OPERATIVE'S FEDERATION LIMITED NO 4491 [LABOURFED], THIRUVANANTHAPURAM, COSTECH BUILDING, T.C 11/738(1), DIVISION OFFICE ROAD, NEAR HOTEL PRASANTH, PMG, THIRUVANANTHAPURAM, PIN - 695033 SRI.C.M.NAZAR, SC (SCEC)

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 6.2.2024 AND THE COURT ON 12.2.2024 DELIVERED THE FOLLOWING:

AMIT RAWAL & C.S.SUDHA, JJ.

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Writ Appeal No.2245 of 2023 ----------------------------------------------------- Dated this the 12^th day of February, 2024

J U D G M E N T

C.S.Sudha, J.

This intra court appeal has been filed by the petitioner in W.P.

(C)No.43307/2023 against the judgment dated 22/12/2023 by which the writ challenging the rejection of his nomination paper by the third respondent to the election to the Managing Committee of the Kerala State Labour Co-operative Federation Limited (Labourfed). The respondents herein are the respondents in the writ petition. The parties and the documents will be referred to as described in the writ petition.

2. The petitioner is a Member and President of Trivandrum Labour Contract Co-operative Society (Co-operative Society). The Co- operative Society is a member of Labourfed, an Apex Society. There are 71 members of the Co-operative Society in Labourfed. The first respondent as per Ext.P2 dated 23.11.2023 notified election to 19 posts in the Managing Committee of Labourfed. The petitioner complying with all the formalities and conditions stated in Ext.P2 notification as well as in the relevant Rules, submitted his nomination paper, a copy of which is Ext.P3, along with Ext.P3(a), a copy of the resolution dated 08/12/2023 of the Co-operative Society. After the scrutiny of the nomination paper, the petitioner was informed that the same had been rejected on account of non-submission of the declaration of the proposer and seconder along with the nomination paper. According to the petitioner, the said decision was intimated only orally and till date no written orders have been given. Though the nomination paper was in order, it was nevertheless rejected for a defect which is not mandated under the Kerala Co-operative Societies Rules, 1969 (the Rules) or in Ext.P2. The rejection of the nomination, a politically motivated move, is totally arbitrary, contrary to the settled principles of law ; the provisions of the Kerala Co-operative Societies Act, 1969 and the Rules. Hence the writ, seeking to declare the rejection of the nomination papers as illegal and arbitrary and for a direction to respondents 1 to 3 to accept the nomination paper of the petitioner and to permit him to contest in the election.

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