IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH SEPTEMBER 2007 / 5TH ASWINA 1929 WP(C).No. 28701 of 2007(P) -------------------------- PETITIONER: --------------- THOMAS MATHEW,S/O. MATHEW CHACKO, AGED 41 VATTACHAL, KALLDIKKODE P.O., PALAKKAD. BY ADV. SRI.JOBI.A.THAMPI SRI.RAFFEEKH.K RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY GOVERNMENT AGRICULTURAL DEPARTMENT SECRETARIAT,TRIVANDRUM. 2. THE VEGETABLES AND FRUIT PROMOTION COUNCIL,KERALA REPRESENTED BY THE CHIEF EXECUTIVE OFFICER,REGD.OFFICE, MYTHRI BHAVAN,KAKKANAD,KOCHI. 3. BALACHANDRAN NAIR.R., PANDARAVILA KIZHAKKEPUTHEN VEEDU, NARUVAMOODU P.O.NEMAM.THIRUVANANTHAPURAM. 4. P.P.SIBI JOSE, PRACTICING COMPANY SECRETARY, 61/2939, TEN ROSE, SRM ROAD, KOCHI, RETURNING OFFICER FOR THE ELECTION TO THE BOARD OF DIRECTORS. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 28701 OF 2007 ==================== Dated this the 27th day of September, 2007 J U D G M E N T The complaint of the petitioner is that the 3rd respondent is ineligible to contest as Director of the 2nd respondent Company and that despite this, the 4th respondent Returning Officer has accepted the nomination. Admittedly, the 2nd respondent is a Company, incorporated under the provisions of the Companies Act, 1950. Nomination and election to the post of Director in a Company are matters governed by the provisions of the Companies Act. If there is violation in these areas, Companies Act itself provides remedy. It is for the petitioner to pursue those remedies and this writ petition for that reason is not maintainable. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE. Rp