IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 21707 of 2009(G) -------------------------- PETITIONER(S): --------------- HARI.S.NAIR,AGED 33 YEARS, S/O.SOMASEKHARAN NAIR,RESIDING AT BINDHU BHAVAN, KATTAPPANA.P.O,KATTAPPANA, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): --------------- 1. THE KATTAPPANA URBAN CO-OPERATIVE BANK LIMITED NO.1-101,KATTAPPANA.P.O,KATTAPPANA, IDUKKI DISTRICT,REPRESENTED BY ITS GENERAL MANAGER. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL)IDUKKI,OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,PAINAVU.PO, IDUKKI DISTRICT. 3. THE ELECTORAL OFFICER/ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES,(GENERAL)UDUMBANCHOLA, NEDUMKANDAM.P.O,IDUKKI DISTRICT. 4. THE RETURNING OFFICER (UNIT INSPECTOR, UNIT A IN THE OFFICE OF THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES,NEDUMKANDAM),IDUKKI DIST. 5. THE STATE CO-OPERATIVE ELECTION COMMISSION,REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21707 of 2009 --------------------------------- Dated, this the 3rd day of August, 2009 J U D G M E N T The petitioner is a member of the 1st respondent Bank. Election to the Board of Directors of the 1st respondent Bank was notified as per Ext.P1 and the election is scheduled to take place on 08/08/2009. The petitioner submits that in terms of the notification, a preliminary voters list was published and the final voters list was published on 20/07/2009. 2. The petitioner states that in the preliminary voters list, copy of which was served on him, his name was included and on that basis, he filed his nomination on 27/07/2009. However, by Ext.P6 dated 28/07/2009, the Returning Officer informed him that his nomination is rejected as his name and number were not included in the final voters list published on 20/07/2009. Immediately on the next day itself, the 1st respondent Bank issued Ext.P5 to the petitioner informing that omission to include in the final voters list published on 20/07/2009 came to the notice of the WP(C) No.21707/2009 -2- Bank only on 28/07/2009, and that the Bank has already intimated the omission to the Returning Officer. In this communication, the Bank has also stated that the omission is happened as the work of preparation of the final voters list was outsourced, and that the petitioner has all the qualifications to contest in the election. Despite Ext.P5, his nomination was not accepted, and therefore, the writ petition is filed. 3. Instructions have been obtained by the learned Government Pleader, who also confirms that it was only on account of an omission on the part of the 1st respondent that the petitioner's name happened to be not included in the final voters list. Admittedly, the omission was happened at the hands of the 1st respondent, and not for any reason, which is attributable to the petitioner or to the Returning Officer. 4. Having regard to these facts, the petitioner, as a member, is entitled to have submitted his nomination and it is for the Returning Officer to ensure and satisfy that he is qualified to contest in the election. In the peculiar facts of the case as noticed above, I direct the Returning Officer to accept nomination of the WP(C) No.21707/2009 -3- petitioner and verify whether he is eligible to be a candidate and if so, permit him to be a candidate in the election. 5. The petitioner may produce a copy of this judgment before the Returning Officer, who thereupon shall, in the presence of the petitioner himself, verify his eligibility and take further action on that basis. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg