JUDGMENT

Dated this the 19th day of October, 2023 Anu Sivaraman, J.

This writ appeal is preferred against the judgment of the learned Single Judge refusing to interfere with the rejection of an objection raised to the nomination filed by respondents 7 to 12 for contesting in the election to the Managing Committee of the 6th respondent-Society. It is the contention of the learned counsel for the appellant that respondents 7 to 12 are facing surcharge proceedings and are therefore disqualified for contesting the election in terms of Rule 44(1)(l) of the Kerala Co-operative Societies Rules (hereinafter referred as ‘the Rules’).

2. The learned Single Judge held that an order of surcharge has not been passed against respondents 7 to 12 and that therefore the objection raised in terms of Rule 44(1)(l) of the Rules is not sustainable.

3. The learned counsel for the appellant contends that, in view of the fact that there is a finding to the effect that respondents 7 to 12 have misappropriated amounts from the Society and since they are facing proceedings for surcharge, they should not be permitted to participate in the election process. It is further contended that the official respondents ar