REJI KUMAR P R Vs. STATE CO-OPERATIVE ELECTION COMMISSION
LAWS(KER)-2017-12-221
HIGH COURT OF KERALA
Decided on December 18,2017

Reji Kumar P R Appellant
VERSUS
STATE CO-OPERATIVE ELECTION COMMISSION Respondents

JUDGEMENT

Anil K. Narendran, J. - (1.) The petitioner, who is a member of Kuruchi Service Co-operative Bank with membership No.10757, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the decision taken by the second respondent, Returning Officer rejecting his nomination as evidenced by Ext.P2 proceedings. The petitioner has also sought for an order directing respondents 1 and 2 to accept his nomination and allow him to contest for the election to the Committee of third respondent Co-operative Bank scheduled to be held on 22.12.2017. The further relief sought for is a declaration that the decision of the second respondent rejecting petitioner's nomination on the ground of dual membership is illegal and in violation of law declared by this Court.
(2.) A counter affidavit has been filed by the second respondent contending that the rejection of the petitioner's nomination on the ground of dual membership, i.e., for having membership in Ithithanam Service Co-operative Bank Ltd No.1297 with membership No.4656 and that in the third respondent Service Co-operative Bank with membership No.10757 amounts to dual membership and as such, he is disqualified to contest in the election in terms of the provisions under Rule 27 read with Rule 44 of the Kerala Co-operative Societies Rules (for brevity, 'the Rules'). It is also contended that since the election to the Society is scheduled to be held on 22.12.2017, all the steps are taken to conduct election. If the petitioner is aggrieved by the rejection of the nomination, he has to avail the statutory remedy after the election.
(3.) The third respondent Co-operative Bank has also filed counter affidavit raising similar contentions. It is also contended that the petitioner is not residing within the area of operation of the third respondent Co-operative Society and that he does not own or possess land within the said area and as such, he is not eligible for admission as a member of that Society as per Rule 16(2)(b) of the Rules.;


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