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. 34170 of 2009(M) -------------------------- PETITIONER(S): --------------- 1. SANIL JOHN, NEDIYATHARA HOUSE, NEDIYATHARA JETTY ROAD, VADUTHALA, ERNAKULAM. 2. A.K.RAJAN, ALUMKAL HOUSE, VADUTHALA, ERNAKULAM. BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------- 1. THE CHERANALLOOR SERVICE CO-OPERATIVE BANK LTD.NO.62, CHERANALLOOR P.O., ERNAKULAM, KOCHI-34, REPRESENTED BY ITS SECRETARY. 2. THE RETURNING OFFICER, CHERANALLOOR SERVICE CO-OPERATIVE BANK LTD.NO.62, SENIOR GROUP INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KANAYANNUR. 3. JOHN BOSCO PONSEKA, VALAPPULLY HOUSE, VADUTHALA, ERNAKULAM. 4. K.K.KALESAN, KADAVIL HOUSE, VADUTHALA, ERNAKULAM. 5. SHANMUGAPURAM SERVICE CO-OPERATIVE BANK LTD.NO.511, PACHALAM, ERNAKULAM REPRESENTED BY ITS SECRETARY. SR.GOVT. PLEADER K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.34170 of 2009 ================== Dated this the 30th day of November, 2009 J U D G M E N T The petitioners are members of the 1st respondent co-operative bank. They are aggrieved by the acceptance of nomination papers of respondents 3 and 4 in the election to the Managing Committee of the Bank. According to them, the nomination papers ought not to have been accepted in view of the fact that respondents 3 and 4 are members of the 5th respondent society also and dual membership is a disqualification for contesting election. 2. The learned Government Pleader submits that a certificate has been produced by respondents 3 and 4 to the effect that they are not members of the 5th respondent society. It is also settled law as laid down in the decision in Ambatt Asokan v. Oachira Service Co-operative Bank Ltd. [2008 (3) KLT 645] that dual membership is not a disqualification for contesting election to a co-operative bank unless the members are members of the managing committee of another society also. In view of the above legal position, there is no merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2