The rejection of a nomination paper on grounds not specified in the statutory rules is patently illegal, and this Court may, in exercise of its writ jurisdiction, interfere with such rejection during the election process if it does not interrupt or obstruct the proceedings.

PETITIONER/S:

R. SURESH BABU

AGED 43 YEARS

S/O. RAJAMANI, RESIDING AT EMMAUS HOUSE,

PLAMOOTTUKADA P.O, NEYYATTINKARA,

THIRUVANANTHAPURAM DISTRICT, PIN - 695122

BY ADVS.

SHRI.P.V.BABY

SHRI.VINEETH P.BABY

RESPONDENT/S:

1 STATE CO-OPERATIVE ELECTION COMMISSION

CO-BANK TOWERS, THIRUVANANTHAPURAM- REPRESENTED

BY ITS SECRETARY, PIN - 695033

2 THE CIRCLE CO-OPERATIVE UNION

NEYYATTINKARA, THIRUVANANTHAPURAM REPRESENTED BY

ITS SECRETARY, OFFICE OF THE ASSISTANT REGISTRAR

OF CO-OPERATIVE SOCIETIES (G), NEYYATTINKARA,

THIRUVANANTHAPURAM DISTRICT, PIN - 695121

3 RETURNING OFFICER

ASSISTANT DIRECTOR (AUDIT), NEYYATTINKARA, OFFICE

OF THE CO-OPERATIVE SOCIETIES ASSISTANT DIRECTOR

(AUDIT), MINI CIVIL STATION, 3RD FLOOR,

NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN -

695121

4 SUNIL KUMAR G.R

S/O GOPI R, SUNIL SADANAM, PAYARUMOODU, MULLOOR

P.O, VTC VIZHINJAM [PART], THIRUVANANTHAPURAM

DISTRICT

ADDITIONAL RESPONDENT NO.4 IS IMPLEADED AS PER

ORDER DATED 16.09.2025 IN IA NO.1/2025.

BY ADV SMT.KAVERY S THAMPI

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 16.09.2025, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:

"CR"

K.BABU, J.

W.P.(C) No.33733 of 2025

Dated this the 16th day of September, 2025

JUDGMENT

The petitioner is a member of the APCOS Employees Co-operative Society Ltd No. T.1323 at Plamoottukada, Neyyattinkara, Thiruvananthapuram District. His membership number in the Society is 137. The Society is affiliated to the Circle Co-operative Union, Neyattinkara (respondent No.2).

2. The election to Respondent No.2 – Union was notified by Respondent No.1 through an election notification dated 30.07.2025, appointing Respondent No.3 as the Returning Officer and scheduling the election on 20.09.2025.

3. There are eight constituencies in the Circle Co operative Union, where from 11 members are to be elected to the Managing Committee.

4. Constituency B2 is reserved for the employees of the Primary and Apex Co-operative Societies under the Union.

5. The petitioner filed nomination to contest the election from Constituency B2 in the prescribed form. Sri M. Satheeshkumar (Member No. 138) proposed the petitioner’s nomination, and another member seconded it. Respondent No.3 received petitioner’s nomination.

6. Sri.M.Satheeshkumar who proposed the petitioner also filed nomination to the same constituency. The proposer of Sri.M.Satheeshkumar was the petitioner. Respondent No.3 received the nomination filed by Sri.M.Satheesh Kumar also.

7. Respondent No.3 published Ext.P3 dated 08.09.2025, the list of candidates who filed nominations, wherein the petitioner’s name is in Serial No.21 and M.Satheeshkumar’s name is included in Serial No.22.

8. In the scrutiny of the nominations held on 09.09.2025, the petitioner appeared before respondent No.3. After scrutiny, Ext.P5 list of candidates was published, wherein the names of the petitioner and Sri.M.Satheeshkumar were absent.

9. The case of the petitioner is that his nomination has been illegally rejected by respondent No.3. He seeks a direction to respondent No.3 to accept the same.

10. The candidate now available to contest in constituency B2 has been impleaded as additional respondent No.4.

11. Heard the learned counsel for the petitioner, the learned Standing Counsel appearing for respondent No.3 and the learned counsel appearing for additional respondent No.4.

12. The learned counsel for the petitioner submitted that the rejection of petitioner’s nomination is patently illegal. The learned counsel submitted that in Ext.P5 proceedings, the Returning Officer has not stated