IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 21757 of 2009(L) -------------------------- PETITIONER(S): --------------- MINIMOL JOSEPH, AGED 35 YEARS, WPC.6363, W/O. JEROME.P.GEORGE, PUTHENPURAYIL THIRUMOOLAPURAM, THIRUVALLA. BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENT(S): --------------- 1. RETURNING OFFICER (THE INSPECTOR KOTTAYAM UNIT) CIRCLE CO-OPERATIVE UNION OFFICE, KOTTAYAM-1. 2. THE ELECTORAL OFFICER (ASSISTANT REGISTRAR (GENERAL) CIRCLE CO-OPERATIVE UNION OFFICE, KOTTAYAM-1. 3. THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, KOTTAYAM. *ADD.R4 KERALA STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. (*ADDITIONAL 4TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 03/08/2009 IN I.A.NO.9686/2009) MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21757 of 2009 --------------------------------- Dated, this the 5th day of August, 2009 J U D G M E N T Ext.P1 is the election notification to the Board of Directors of the Kottayam District Police Co-operative Society Ltd. No.K 834, Kottayam - 2. The petitioner submits that she submitted a nomination which was accepted by the 1st respondent. It is also stated that the petitioner's name was included in the final list of candidates. But, however, on 29/07/2009, the 1st respondent published a list of candidates, who withdrew their nominations. According to the petitioner, although she did not withdraw her candidature, her name was also included in the list of candidates, who had withdrawn their candidature. Thereupon, she made Exts.P2 & P3 to the 1st respondent and also the Joint Registrar. According to the petitioner, as she did not withdraw her nomination, exclusion of her name in the list of withdrawn candidates is illegal and warrants interference by this Court. 2. In view of the averments in the writ petition, the 1st WP(C) No.21757/2009 -2- respondent was directed to file an affidavit, and accordingly, counter affidavit dated 04/08/2009 has been filed. Paragraph 2 of the affidavit reads as under:- “I am swearing this affidavit as directed by this Hon'ble Court. I beg to submit that, there were 33 nominations submitted for the Election to the managing committee of Kottayam District Police Co-Op. Society including that of the petitioner. On scrutiny conducted on 28/07/2009 all the 33 nominations were found valid and as such, a list of valid nominations was published in the notice board. On 28/07/2009 in the after noon the petitioner approached myself and submitted an intimation withdrawing her nomination. 11 other candidates also filed request to withdraw from the contest. Thereafter, I published the final list of the remaining valid nominations on 29/07/2009, excluding the name of 12 candidates. On 30/07/2009, the petitioner submitted yet another request before the Returning Officer stating that she has not withdrawn from the contest and that her name should be included among the candidates contesting the election. I swear that I was not in a position to accept the request as she had already withdrawn her nomination by intimation dated 28/07/2009. The Election is scheduled to be held on 06/08/2009.” 3. From this, it can be seen that the case of the 1st respondent is that the petitioner submitted a request in person, seeking withdrawl of her candidature and it was thereupon that her WP(C) No.21757/2009 -3- name was included in the list of candidates who have withdrawn their candidature. 4. Although, the learned counsel for the petitioner disputes this contention even today, in view of the nature of the controversy that is arising for consideration, I am satisfied that this is not one capable of being resolved in a proceedings under Article 226 of the Constitution of India, and the petitioner should seek statutory remedies available. Therefore, with that liberty, and directing that in the event any such proceedings is initiated, the same shall be expedited and disposed of, without any delay, this writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg