IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 34161 of 2009(M) -------------------------- PETITIONER(S): --------------- ASHA RENJEES, THARAYATH HOUSE, KIKKOZHOOR P.O., RANNI, PATHANAMTHITTA. BY ADV. SRI.D.SOMASUNDARAM RESPONDENT(S): --------------- 1. KIKKOZHOOR SERVICE CO-OP. BANK LTD. NO.64, KIKKOZHOOR P.O., PIN-689672, RANNI, PATHANAMTHITTA DISTRICT, REP. BY ITS SECRETARY. 2. RETURNING OFFICER, KIKKOZHOOR SERVICE CO-OP. BANK LTD. NO.64, KIKKOZHOOR P.O., PIN-689 672, (OFFICE INSPECTOR, OFFICE OF ASSISTANT REGISTRAR (G) OF CO-OP. SOCIETIES, RANNI, PATHANAMTHITTA). 3. SMT.ANNAMMA MATHEW, PALATHINKAL HOUSE, KIKKOZHOOR P.O., RANNI, PATHANAMTHITTA. ADV. SRI.JACOB P.ALEX FOR R1 SR.GOVT. PLEADER K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 34161/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ELECTION NOTIFICATION. P2. COPY OF THE RECEIPT OF NOMINATION. P3. COPY OF THE ORDER REJECTION ORDER. P4. COPY OF THE JUDGMENT IN W.P.(C).No. 21526/08. sdk+ ///True copy/// P.A. to Judge . S.SIRI JAGAN, J. ================== W.P(C).No.34161 of 2009 ================== Dated this the 30th day of November, 2009 J U D G M E N T The petitioner is a member of the 1st respondent- Co-operative Bank. He filed nomination for contesting the election to the managing committee of the 1st respondent Bank. The same was rejected on the ground that the petitioner is a member of another co-operative society of the same type and dual membership is a disqualification for contesting election to a co-operative society. The petitioner submits that the issue involved in this writ petition is squarely covered by Ext.P4 judgment, wherein this Court has held that dual membership is not a ground for holding that a member of a society is not eligible to file nomination for election to the managing committee and that what is relevant is whether that member is also a managing committee member of another society. 2. I have heard both sides. 3. It is not disputed before me that the issue involved in this writ petition is covered by Ext.P4 judgment, which is reported in Ambatt Asokan v. Oachira Service Co-operative Bank Ltd. [2008 (3) KLT 645]. Accordingly, this writ petition is allowed. It is declared that the nomination submitted by the petitioner for election to the managing committee of the 1st respondent society is valid. The 2nd 2 respondent shall accept the nomination paper and allow the petitioner to contest the election as a valid candidate. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge