IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 19451 of 2009(B) -------------------------- PETITIONER(S): --------------- P.JAYAN, PUTHUMADATHIL, ADIMALI P.O., IDUKKI. BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------- 1. THE RETURNING OFFICER, ADIMALI RURAL CO-OP. SOCIETY LTD. NO.I 585, ADIMALI, UNIT INSPECTOR, ADIMALI UNIT, OFFICE OF THE ASST. REGISTRAR OF CO-OP. SOCIETIES(G), MUNNAR. 2. THE ADIMALI RURAL CO-OP. SOCIETY LTD. NO. I 585, ADIMALI, REP. BY ITS SECRETARY. MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.19451 of 2009 --------------------------------- Dated, this the 14th day of July, 2009 J U D G M E N T The learned Government Pleader has obtained instructions from the 1st respondent, who has issued Ext.P2 order impugned in the writ petition. 2. A reading of Ext.P2 shows that the nomination submitted by the petitioner was rejected by the 1st respondent for the reason that there was some mistake regarding the address of the person, who seconded him. On instructions, the learned Government Pleader reiterates the same. 3. In my view, this is fully covered by the proviso to Rule 35 (e) of the Kerala Co-oprative Societies Rules, which provides that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or of the name of his proposer or seconder or of any other particulars relating to the candidate or his proposer or secondor as entered in the list of members. WP(C) No.19451/2009 -2- 4. In view of the above said provision, the rejection of the petitioner's nomination is clearly erroneous, and for that reason Ext.P2 is set aside. 5. The writ petition is therefore disposed of directing the 1st respondent to accept the nomination of the petitioner enabling him to contest the election to the Managing Committee of the 2nd respondent as scheduled in Ext.P1. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg