IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 20561 of 2009(M) -------------------------- PETITIONER(S): --------------- JACOB, S/O. RAPPEL, ARACKAL HOUSE, NAYARAMBALAM VILLAGE, KOCHI TALUK. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): --------------- 1. THE RETURNING OFFICER/FISHERIES DEVELOPMENT OFFICER GRADE II, NAYARAMBALAM MATSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGHOM NO. DF(E)94/92, NAYARAMBALAM. 2. NAYARAMBALAM MATSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGHOM NO.DF(E)94/92, NAYARAMBALAM, REPRESENTED BY ITS SECRETARY. 3. AJITHA JOSEPH, ARACKAL HOUSE, PUTHANKADAPPURAM, NAYARAMBALAM P.O., PIN-682 509. 4. UTHAMAN K.R., VENGOTTUTHARA, WEST OF VISHNU TEMPLE, NAYARAMBALAM P.O., PIN-682 509. 5. GIRISH, PONOTH HOUSE, NEAR FISH LANDING CENTRE, PUTHANKADAPPURAM, NAYARAMBALAM P.O., PIN-682 509. 6. K.V.DAMODARAN, KSNAKATTUSSERY, NAYARAMBALAM P.O., PIN-682 509. 7. A.G.FALGUNAN, S/O. GOVINDAN, ALUMGAL, PUTHANKADAPPURAM, NAYARAMBALAM P.O., PIN-682 509. 8. BEENS, KADEPPARAMBIL HOUSE, NAYARAMBALAM P.O., PIN-682 509. 9. P.K.REGHU, PADINJARAKKUTTU HOUSE, NAYARAMBALAM P.O., PIN-682 509. /2/ 10. K.S.RAJAN, KAROLIN, VELIYATHAMPARAMBIL, NAYARAMBALAM P.O., PIN-682 509. 11. P.B.RAJALSU, PONOTH HOUSE, NAYARAMBALAM P.O., PIN-682 509. 12. RAJESH AYYAPPAN, NEDIYIRIPPIL HOUSE, NAYARAMBALAM P.O., PIN-682509. 13. LEENA JOY, ARACKAL HOUSE, PUTHANKADAPPURAM, NAYARAMBALAM P.O., PIN-682 509. 14. K.B.LEELADHARAN, KAVUMKAL HOUSE, NAYARAMBALAM P.O., PIN-682 509. 15. C.T.VIJAYAN, CHETTYEKKARA, NEAR FISH LANDING CENTRE, PUTHANKADAPPURAM, NAYARAMBALAM P.O., PIN-682 509. 16. SIVAN K.R., KIZHAKKEDATH HOUSE, NAYARAMBALAM P.O., PIN-682509. 17. SISUPALAN T.K., THAYATTUPARAMBIL HOUSE, NAYARAMBALAM P.O., PIN-682 509. 18. K.K.SUKUMARAN KOMATH, KIZHAKKENIKATHIL HOUSE, NAYARAMBALAM P.O., PIN-682 509. 19. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM. Addl. 20. NARAKKAL-NAYARAMBALAM FISHERMEN DEVELOPMENT WELFARE CO-OPERATIVE SOCIETY LTD., NO.F(E)14/87 CZ, REPRESENTED BY ITS SECRETARY. (ADDL.R20 IS IMPLEADED AS PER ORDER DATED 27.7.2009 IN I.A.NO.9318/09) (Respondents 3 to 19 are deleted from the party array and the addl.20th respondent is renumbered as addl.3rd respondent vide judgment dated 31.7.2009.) ADV. SRI.GEORGE POONTHOTTAM FOR R2 SRI.PHILIP T.VARGHESE FOR R20 SRI.P.S.VINOD FOR R20 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.20561 OF 2009 ------------------------ Dated this the 31st day of July, 2009. JUDGMENT When the matter was taken up, at the request of the counsel for the petitioner, respondents 3 to 19 are deleted and the additional 20th respondent is renumbered as addl. 3rd respondent. 2. Heard the counsel for the 2nd respondent and also the counsel for the additional 20th respondent. 3. Election to the Managing Committee of the 2nd respondent Society is scheduled to be held on 2.8.2009. Petitioner as a member of the society filed his nomination. That was rejected by the Returning Officer as per Ext.P3 proceedings. The reason stated is that the petitioner is a defaulter to the addl. 3rd respondent Society. It is challenging Ext.P3 on the basis that, the petitioner has not availed of any loan or stood as a surety for any loan taken WP(c ).No.20561/09 2 from the addl.3rd respondent and therefore rejection of nomination is illegal, that the writ petition is filed. The prayer sought for in this writ petition is to quash Ext.P3 and to direct the first respondent to accept the nomination submitted by the petitioner and permit him to contest in the election to the managing committee of the 2nd respondent. 4. On notice issued, the addl.3rd respondent has filed a counter affidavit, It is stated that the first respondent had issued Ext.R20 communication requesting the addl. 3rd respondent to intimate as to whether any one of the persons in the list attached thereto is a defaulter to the Society. It is stated that in reply to the said letter, they issued Ext.R20(a) stating that one Jacob, Arackal has outstanding dues. According to the respondent such a letter was issued based on the entry in the Flood Relief Scheme register dated 25.2.1986 maintained in his office. It is stated that after the said letter was given, on 17.7.2008 the first respondent enquired about the correctness of the contents of the WP(c ).No.20561/09 3 aforesaid letter and that the petitioner also had approached the addl. 3rd respondent seeking clarification contending that he was not a defaulter. It is stated that there upon he verified the register and in the register all that was mentioned is that one Jacob, Arackal is a defaulter. According to the addl.3rd respondent, there was nothing to conclude that petitioner herein is the Jacob, Arackal mentioned in the register. It is stated that, thereupon he clarified the position to the first respondent. 5. From the facts as pleaded in the counter affidavit referred to above, it is evident that, although one Jacob, Arackal is a defaulter, as per the entries in the Flood Relief Scheme Register maintained by the addl. 3rd respondent, there is nothing available to conclude that the said Jacob, Arackal is the petitioner herein. If that be so, it is unfair and illegal to reject the nomination submitted by the petitioner and he is entitled to be given an opportunity to contest in the election. WP(c ).No.20561/09 4 6. In view of the above quashing Ext.P3, I direct the first respondent to accept the nomination submitted by the petitioner and allow him to contest in the election to be held on 2.8.2009. However, it is clarified that the judgment is rendered based entirely on the materials available in this writ petition and the findings in the judgment will not stand in the way of any of the aggrieved party to contest the eligibility of the petitioner in appropriate proceedings. Writ Petition is disposed of as above. vi (ANTONY DOMINIC) JUDGE