IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 34012 of 2011(B) ------------------------------------ PETITIONER(S): ---------------------- N.A.CHACKO, NELLIKKUNNEL HOUSE, ANAVIRATTI, ADIMALI, IDUKKI. BY ADVS. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENT(S): ------------------------ 1. STATE CO-OEPRATIVE ELECTION COMMISSION, PATTOM,THIRUVANANTHAPURAM, PIN-695004, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G)DEVICOLAM, ELECTORAL OFFICER,DEVICOLAM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.1 136, ADIMALI, IDUKKI, PIN-685561. 3. THE RETURNING OFFICER,DEVICOLAM TALUK, CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.1 136, ADIMALI, IDUKKI,PIN-685561, UNIT INSPECTOR/ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G) DEVICOLAM. 4. DEVICOLAM TALUK,CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.1 136 ADIMALI, IDUKKI, PIN-685561, REPRESENTED BY ITS SECRETARY. R2 & R3 BY ADV.SRI.G.GOPAKUMAR, GOVT. PLEADER R4 BY ADV. SRI.P.CHANDY JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG WP(C).No. 34012 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE NOTICE ISSUED BY THE FOURTH RESPONDENT DATED 07.12.2010. EXT.P2 : COPY OF THE RECEIPT NO.25 ISSUED TO THE PETITIONER BY THE FOURTH RESPONDENT DATED 18.01.2011. EXT.P3 : COPY OF THE DATED RECEIPT NO.26 ISSUED TO THE PETITIONER BY THE FOURTH RESPONDENT DATED 18.01.2011. EXT.P4 : COPY OF THE ELECTION NOTIFICATION VIDE NO.E(2)/ 1035/2011/SCEC ISSUED BY THE THIRD RESPONDENT DATED 17.11.2011. EXT.P5 : COPY OF THE PETITION FILED BEFORE THE THIRD RESPONDENT BY THE PETITIONER DATED 16.12.2011. RESPONDENT'S EXHIBITS: EXT.R4(a) : COPY OF THE LOAN LIABILITY CERTIFICATE DATED 21.12.2011 OF THE PETITIONER. EXT.R4(b) : COPY OF THE DEMAND NOTICE DATED 03.06.2011 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.R4(c) : COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE PETITIONER DATED 23.06.2011. /TRUE COPY/ P.A.TO JUDGE DG P.N.RAVINDRAN, J. --------------------------------- WP (C) No. 34012 of 2011 --------------------------------- Dated this the 22nd day of December, 2011 JUDGMENT The petitioner is a member of the fourth respondent co-operative society. Elections to the fourth respondent co- operative society are scheduled to be held on 1.1.2012. Consequent on the issuance Ext.P4 election notification on 17.11.2011 the petitioner submitted a nomination. It was taken up for scrutiny on 16.12.2011 and rejected on the ground that the petitioner is in default to the fourth respondent society. Hence this writ petition seeking a direction to the third respondent Returning Officer to accept the nomination submitted by the petitioner. It is contended that the stand taken by the Returning Officer that the petitioner was in default is not tenable. It is stated that though the petitioner had availed two loans on the security of a parcel of land belonging to Sri.Baby Sebastian, upon receipt of Ext.P1 notice the amount in arrears was remitted WP(C)No. 34012 of 2011 -2- and therefore the petitioner cannot said to be in default. 2. The Secretary of the fourth respondent society has filed a counter affidavit wherein it is stated that the petitioner has availed two loans from the fourth respondent bank on the security of an item of property belonging to Sri.Baby Sebastian, that Ext.P1 notice dated 7.12.2010 was issued when the loan was overdue and that the demand therein was for the overdue amount due as on 1.4.2010. It is stated that though Ext.P1 notice was received by the petitioner he did not remit any amount towards one of the loans No.DFLD 179/1998-99, that as on 21.12.2011 in that loan account the sum of Rs.2,684/- was due and that in the other loan account the amount due as on 21.12.2011 is Rs.4,593/-. It is stated that though Ext.R4(b) notice dated 3.6.2011 had been sent calling upon the petitioner to remit the amount due and he received it on 23.6.2011, he did not clear the arrears and therefore the petitioner cannot be heard contend that he is not in default. WP(C)No. 34012 of 2011 -3- 3. I have considered the submissions made at the Bar by Sri.P.P.Jacob, the learned counsel appearing for the petitioner and Sri.P.Chandy Joseph, learned counsel appearing for the fourth respondent. The petitioner does not dispute the fact that the he has availed two loans from the fourth respondent society. The only ground on which the petitioner contends that he is not in default is that he had cleared the amount due pursuant to the receipt of Ext.P1 notice. It is evident from the counter affidavit filed by the fourth respondent that besides the said amount in respect of the very same loan, further amounts were due from him and he did not clear the arrears notwithstanding the receipt of Ext.R4(b) notice. Such being the situation, it cannot be said that the petitioner was not in default on the date on which the nomination was taken up for scrutiny. That apart being the principal debtor, it is for the petitioner to take steps to see that the loan is not in default. The question of issuance of a notice arises only in the case of WP(C)No. 34012 of 2011 -4- sureties. Therefore even assuming that no notice was issued, the petitioner, the principal debtor cannot be heard contend that he is not in default. I therefore find no grounds to entertain the writ petition or to grant the reliefs prayed for. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //true copy// PA to Judge.