IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WA.No. 1843 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22700/2009 Dated 13/08/2009 .................... APPELLANT(S): -------------- P.K. RAVI, PALAMOOTTIL HOUSE,PAYYANAMON P.O., KONNI. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. STATE CO-OPERATIVE ELECTION COMMISSIONER, THIRUVANANTHAPURAM. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL), PATHANAMTHITTA. 3. ASSISTANT REGISTRAR (GENERAL), KOZHENCHERRY CO-OPERATIVE CIRCLE, PATHANAMTHITTA.(ELECTORAL OFFICER, KONNI RCB LTD., KONNI P.O., PATHANAMTHITTA). 4. RETURNING OFFICER, KONNI REGIONAL CO-OPERATIVE BANK LTD., KONNI P.O., (OFFICE INSPECTOR, ASSISTANT REGISTRAR (GENERAL) OFFICE, PATHANAMTHITTA). 5. KONNI REGIONAL CO-OPERATIVE BANK LTD., NO. 3833, KONNI P.O., PATHANAMTHITTA DIST, REPRESENTED BY ITS SECRETARY. 6. SHYLAJA, SECRETARY, KONNI REGIONAL, CO-OPERATIVE BANK LTD., KONNI P.O., (MEDAYIL HOUSE, PARAKODE P.O.). 7. K. SAINUDEEN, SECRETARY, KONNI REGIONAL CO-OPERATIVE BANK LTD., KONNI P.O., (VALIYAKALAYIL HOUSE, MANGARAM P.O., KONNI. 8. RAMACHANDRAN A., MEMBERSHIP NO. 897, KONNI RCB, KONNI P.O., PATHANAMTHITTA. BY SPL.GOVT.PLEADER SMT.A.G.ANEETHA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A.No.1843 of 2009 ----------------------------------------- Dated this the 17th day of August, 2009 JUDGMENT Kurian Joseph,J. Appellant is the petitioner. Petitioner approached this court aggrieved by the rejection of the nomination on the ground that he is a defaulter. The learned single Judge dismissed the writ petition. Hence the appeal. It is mainly contended that the petitioner had not received any notice from the Society. It is a disputed question of fact. Going by the contentions taken by the learned Government Pleader on instruction, such disputed questions of fact can be agitated in a properly constituted election petition. The second contention is that in any case there is no liability on the part of the loanee to pay the amounts. The learned Government Pleader points out that Ext.P4 communication will not cover W.A.No.1843 of 2009 -:2:- the case of the loanee in this case since the amount had not become due as on 31-3-2006. Even assuming there is some dispute on this aspect also, again this is a disputed question of fact. The third contention is on another factual situation, namely, there are two Secretaries. These are all questions of fact which are to be agitated in a properly constituted election petition. Therefore, without prejudice to the liberty to the appellant to pursue such remedies on the grounds available to him under law, this writ appeal is dismissed. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.A.No.1843 of 2009 ---------------------------- JUDGMENT 17th August, 2009