IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 33429 of 2008(D) ------------------------------------- PETITIONER(S): ----------------------- VALSALA K.G., W/O.CHANDRAN, VATTAMPARAMBIL HOUSE, VELUR P.O., THRISSUR DT. BY ADV. SRI.G.KRISHNAKUMAR SMT.M.P.RETHNAM RESPONDENT(S): ------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 2. THE RETURNING OFFICER, VELUR SERVICE CO-OP.BANK LTDNO.465, VELUR PO., THRISSUR. (MRS.SICY, SENIOR CO-OP.INSPECTOR, OFFICE OF THE ASST.REGISTRAR (GENERAL), THALAPPILLY TALUK, THRISSUR. 3. VELUR SERVICE CO-OPERATIVE BANK LTD. NO.465, VELUR, THALAPPILLY TALUK, THRISSUR. REPRESENTED BY ITS SECRETARY. 4. THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.C.D.DILEEP FOR R3 SRI.P.C.SASIDHARAN FOR R5 GOVERNMENT PLEADER SRI.I..PRAMOD FOR R1, 2, 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.33429 of 2008-D = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of November, 2008. JUDGMENT The petitioner's nomination for the election to the committee of the 3rd respondent co-operative society has been rejected by the 2nd respondent Returning Officer on the ground that the documents produced by Sri.O.L.Jacob and Sri.O.K.Francis show that the petitioner is conducting a similar business as is being conducted by the co-operative society and therefore, she is not eligible to contest in the election. The ground on which the nomination has been rejected would necessarily give rise to disputed questions of fact since the writ petition is filed on the assertion that the petitioner is not conducting any business which is similar to that of the business of the co- operative society. Hence, after arguing the WP(C)33429/08 -: 2 :- matter for quite some time, learned counsel for the petitioner seeks leave of this Court to withdraw this writ petition preserving all contentions and without prejudice to the right of the petitioner to challenge the election results before the competent Tribunal in accordance with the KCS Act and Rules. Granting such leave as sought for, this writ petition is dismissed as withdrawn. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/201108