IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 35898 of 2008(W) -------------------------- PETITIONER(S): --------------- SUNIL KUMAR, S/O.DAMODHARAN NAIR, AGED 34 YEARS, PALLATH HOUSE, KARAKKODE, VAZHIKKADAVU, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.M.T.SHEEBA SRI.P.A.RAJESH SRI.K.RAKESH SMT.DEEPTHI S.MENON RESPONDENT(S): --------------- 1. THE RETURNING OFFICER (INSPECTOR OF CO-OPERATIVE SOCIETIES, NILAMBUR), VAZHIKKADAVU SERVICE CO-OPERATIVE BANK LTD., NO.F.1668, VAZHIKKADAVU, MALAPPURAM DISTRICT. 2. VAZHIKKADAVU SERVICE CO-OPERATIVE BANK LTD., NO.F.1668, VAZHIKKADAVU, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. R1 & R3 BY GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR. R2 BY ADV. SRI.P.A.AUGUSTIAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.35898 of 2008-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of December, 2008. JUDGMENT 1.Heard. 2.The petitioner, a Government servant submitted nominations for election to the committee of the second respondent. That has been rejected on the ground that he has not submitted the sanction letter of the appropriate superior authority in the Government. That is not a ground to disqualify in terms of the KCS Act and Rules. Therefore, the rejection of the nomination is improper. All that has to be ensured is that the petitioner will not assume office unless he produces the sanction letter of the competent superior authority in the hierarchy of his employment in the Government. Subject to this, this writ petition is allowed directing that the WP(C)35898/2008 -: 2 :- petitioner's nomination will also be treated as valid and accepted and the election will be held accordingly. The interim order issued on 4-12- 2008 interdicting the printing of ballot papers is hereby recalled. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/101208