IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 4702 of 2009(I) ------------------------- PETITIONER(S): --------------- 1. K.P. MUJEEBU RAHMAN, S/O. AHAMMEDKUTTY, KURICHATH HOUSE, PULIKKAL POST, MALAPPURAM DISTRICT. 2. MUHAMMEDALI, PATHAYAKANDI, S/O. UMMACHI, KANNAMVELLIKAVU.P.O, MALAPPURAM DISTRICT. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- 1. KONDOTTI RURAL SAHAKARAN HOUSING SOCIETY, REPRESENTED BY ITS SECRETARY, KONDOTTI, MALAPPURAM DISTRICT. 2. THE RETURNING OFFICER (ELECTION), KONDOTTI RURAL SAHAKARANA HOUSING SOCIETY, KONDOTTI, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.4702/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE REPRESENTATION DATED 6.2.2009 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE REPRESENTATION DATED 6.2.2009 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND REPSONDEN. EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 6.2.2009 SUBMITTED BY THE 1ST PETITIONER BEFORE the 2ND RESPONDENT. EXT.P4: TRUE COPY OF THE REPRESENTATION DATED 6.2.2009 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT,. EXT.P5: TRUE COPY OF THE ORDER DATED 6.2.2009 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P6: TRUE COPY OF THE ORDER DATED 6.2.2009 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. EXT.P7: TRUE COPY OF THE ELECTION NOTIFICATION OF THE 1ST RESPONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.4702 OF 2009 ------------------------------------------- Dated this the 30th day of March, 2009 JUDGMENT The petitioners are members of the first respondent co- operative society. Election to its committee was declared to be held on 21.2.2009. The nominations submitted by the petitioners were rejected on the ground that they had not mentioned the constituencies to which they are submitting nominations. There are only three constituencies going by Ext.P7 election notification. The nominations of the petitioners were accepted on the basis of the interim order. Election was conducted and there was no interdiction by this Court to declare the results of the election. In the result, the writ petition is allowed quashing Exts.P5 and P6 and declaring that the petitioners are contested in the election as general category candidates. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.31/3.