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2026 Supreme(Online)(Ker) 11762

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
VARGHESE – Appellant
Versus
SHYMA.P – Respondent
WP(C) NO. 6522 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.V.T.MADHAVANUNNI, SRI.V.A.SATHEESH
For the Respondents: SHRI.SREEJITH S.NAIR, SHRI.RAJESH BHASKARA KURUP, SMT.KEERTHANA VENUGOPAL, SMT.ANNIE MATHEWS, SMT. C.S. SHEEJA, GP.

The court affirmed the right to withdraw nominations in cooperative elections, emphasizing lawful procedural compliance.

Headnote:This writ petition seeks a direction for the 1st respondent to accept the petitioner's nomination withdrawal application. The 2nd respondent bank clarifies it has no adverse interest in compelling the petitioner to remain a candidate, emphasizing the need for a lawful election process. The court disposes of the petition, allowing the withdrawal before the upcoming election date.

Table of Content
1. withdrawal of nomination in cooperative elections. (Para 1)
2. bank's stance on election process and nomination withdrawal. (Para 2)
3. court's directive regarding the nomination withdrawal. (Para 3)

JUDGMENT The writ petition is filed seeking a direction to the 1st respondent to receive Ext.P3 application which was filed to permit him to withdraw his nomination for election to the Board of Directos of the 2nd respondent Bank.

2. A statement has been filed on behalf of the 2nd respondent which reads as follows;

“3. It is respectfully submitted that the respondent bank has no vested, personal, or adverse interest in compelling the petitioner to continue as a contesting candidate in the election process. The Bank does not derive any benefit from the petitioner remaining in the fray and, on the contrary, is primarily concerned with ensuring that the election process is conducted in a fair, lawful, and orderly manter in accordance with the statutory provisions governing co-operative societies. The respondent bank has no objection to the petitioner being permitted to withdraw his nomination, provided such withdrawal is legally permissible under the applicable election rules and procedures, and is duly accepted by the competent authority. It is submitted that it shall abide by any decision taken by the Returning Officer in accordance with law, or by any direction that may be issued by this Hon'ble Court in this regard.”

3. The above statements are recorded.

In view of the above, the writ petition is disposed of by recording the above statement and directing the Bank to permit the petitioner to withdraw his nomination. Appropriate steps in that regard shall be taken before the election on 22.2.2026.

Sd/-

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