IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 5^TH DAY OF AUGUST 2024 / 14TH SRAVANA, 1946 WP(C) NO. 27187 OF 2024 PETITIONER:

NIDHEESH N.S, AGED 35 YEARS, S/O. SURESH, NIRMALAYIL HOUSE, KOLLAD P.O, PANACHIKKAD, KOTTAYAM, PIN - 686004 BY ADVS.

C.S.MANILAL S.NIDHEESH RESPONDENTS:

1 THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY THE SECRETARY, JANAHITHAM, NEAR LEGISLATIVE ASSEMBLY, VIKAS BHAVAN, THIRUVANANTHAPURAM – 695033.

2 THE M.R.F EMPLOYEES CO-OPERATIVE SOCIETY LTD.NO. K 674, REP. BY THE RETURNING OFFICER, VADAVATHOOR, KOTTAYAM, PIN – 686010.

3 THE RETURNING OFFICER, THE M.R.F EMPLOYEES CO-OPERATIVE SOCIETY LTD.NO.K 674, KOTTAYAM NORTH UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR(GENERAL), KOTTAYAM, PIN – 686002.

4 SHINE P.P, PULARY HOUSE, PARAMPUZHA P.O, KOTTAYAM, PIN – 686032.

BY ADVS.

SRI.C.M.NAZAR, STANDING COUNSEL SMT.RESMI THOMAS, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.R.

J U D G M E N T

Dated this the 5^th day of August, 2024 The petitioner, who is a member of the 2^nd respondent-

Co-operative Society and who proposes to contest in the Election to the Managing Committee of the Society as a candidate belonging to Scheduled Caste Community, has filed this writ petition seeking to quash Ext.P2 to the extent it rejects the nomination of the petitioner. The petitioner seeks to direct the 3^rd respondent to accept the nomination of the petitioner.

2. The petitioner states that he belongs to Scheduled Caste Community. Election to the Co-operative Society was scheduled by the 1^st respondent as per notification dated

02.07.2024. The date of the Election is 07.08.2024.

3. The petitioner submitted his nomination to contest to the Managing Committee, against a reserved seat. The nominations were scrutinised on 26.07.2024. The nomination of the petitioner was rejected, as can be seen from Ext.P2 proceedings dated 27.07.2024.

4. On enquiry, the 3^rd respondent revealed that the nomination of the petitioner was rejected due to the reason that he had not subscribed to oath that he has no disqualification under the Kerala Co-operative Societies Act and Rules. According to the petitioner, he had already subscribed to an affidavit in the nomination that he is eligible to contest to the Election and also that he belongs to Scheduled Caste Community. The rejection of the nomination of the petitioner is therefore illegal.

5. Counsel for the petitioner pointed out that as per Rule 35A of the Kerala Co-operative Societies Rules, a candidate has to fill up only one declaration. The petitioner being a candidate proposing to contest against the reserved constituency, he has given a declaration to that effect. His nomination has been rejected on the ground that the petitioner has not given a second declaration as to his willingness to contest in Election. The rules contemplate only filing of “a declaration”. The petitioner has given a declaration. Therefore, the rejection of the nomination paper is illegal, urged the petitioner.

6. Standing Counsel entered appearance on behalf of respondents 1 and 3 and submitted that as per Rule 35A of the Kerala Co-operative Societies Rules, a declaration as to the willingness of the candidate to contest in the Election is mandatory. The petitioner has omitted to sign such a declaration. The declaration submitted by the petitioner is relating only to his entitlement and eligibility to contest against a reserved seat. The nomination submitted by the petitioner is therefore defective. The petitioner has no legal grievance, contended the Standing Counsel.

7. I have heard the learned Counsel for the petitioner and the learned Standing Counsel for respondents 1 and 3.

8. Rule 35A (6)(a) and (6)(b) of the Kerala Co-

operative Societies Rules reads as follows:- (6) (a) The nomination of the candidates for Election shall be made in Form No.36 which shall be supplie