IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 27^TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946 WP(C) NO.3224 OF 2025 PETITIONER:

ARUN JOSEPH, AGED 51 YEARS, MARUTHANAMKUZHIYIL HOUSE, PAINGOTTUR POST OFFICE, PAINGOTTUR, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686671 BY ADVS.

ARUN CHANDRAN JYOTHIKUMAR R.

AMRITA ARUN HARIMOHAN ASWATHY S MENON HANA KARNOLIA MADONA CYRIL RESPONDENTS:

1 THE STATE COOPERATIVE ELECTION COMMISSION

5TH FLOOR, CO-BANK TOWERS,VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, REPRESNTED BY ITS SECRETARY, PIN - 695033

2 THE RETURNING OFFICER [APPOINTED FOR THE PURPOSE OF CONDUCTING ELECTION TO THE MANAGING COMMITTEE OF THE KADAVOOR SERVICE COOPERATIVE BANK LIMITED NO. 1882]/ UNIT INSPECTOR, KOTTAPPADY UNIT, OFFICE OF THE ASSITANT REGISTRAR OF COOPERATIVE SOCIETIES [GENERAL], KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691

3 KADAVOOR SERVICE CO-OPERATIVE BANK LTD .NO.1882 REPRESNTED BY ITS SECRETARY, H.O KADAVOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686671

4 VIJAYAN THEYTHAN, S/O THEYTHAN, VADAKKEKARAYIL HOUSE, CHATHAMATTOM POST MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN – 686671 BY ADV.C.M.NAZAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The State Co-operative Election Commission, by Ext.P1, notified the election to the Managing Committee of the 3^rd respondent Society. The last date for submission of nomination was 16.01.2025. The scrutiny of nomination was slated on 17.01.2025. The petitioner as well as the 4^th respondent submitted nominations. The petitioner objected to the nomination of the 4^th respondent by Ext.P2. The Returning Officer rejected the objection of the petitioner and accepted the nomination of the 4^th respondent. His name is included in the list of validly nominated candidates as well as in the list of contesting candidates. The petitioner states that, the 4^th respondent is disqualified under Rule 44 of the Kerala Co-operative Societies Rules, 1969 to contest the election, since he was in default to the Society at the date and time of submission of nomination as a guarantor in connection with an MTOL loan availed by one Ammini Raveendran having membership No.4214. Despite bringing such illegality to the notice of the Returning Officer by Ext.P2, the nomination of the 4^th respondent is accepted. Accordingly, the petitioner has filed this writ petition for the following reliefs:

“I. Call for the records leading to Exhibit P5 final list of valid nominations and quash the same by issuing a writ in the nature of Certiorari, or any other writ, order or direction, to the extent that it acknowledges the nomination submitted by the 4^th respondent and included the name of the 4^th respondent as a valid candidate to the fray, as he is a defaulter and thus disqualified from participating in the election to the Managing Committee of the Kadavoor Service Cooperative Bank Ltd.No.1882, scheduled to be held on

02.02.2024;

II. Declare that the 4^th respondent is ineligible to participate in the election to the Managing Committee of the Kadavoor Service Cooperative Bank Ltd.No.1882, scheduled to be held on 02.02.2024, as he is a defaulter as on the date of submission of his election nomination.”

2. As per Ext.P1 notification, the election is scheduled on 02.02.2025. The election process has reached an advanced stage and what remains is only the poll. Any interference with the election process at this stage will upset the election calendar. The petitioner has a remedy under Section 69 of the Kerala Co-operative Societies Act, 1969, after the elections are over.

Without prejudice to the right of the petitioner to avail any such remedy, if aggrieved, this writ petition is dismissed.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/27/01/2025

APPENDIX OF WP(C) 3224/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ELECTION NOTIFICATION BEARING DATE 18.12.2024.

Exhibit P2 TRUE COPY OF THE OBJECTION SUBMITTED B