IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 33432 of 2008(E) -------------------------- PETITIONER(S): --------------- B.SADANANDAN, RESIDING AT SAVITHALAYAM THANNIVILA, VEDIVACHANCOIL P.O, TRIVANDRUM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. THE RETURNING OFFICER/SENIOR CO;OP INSPECTOR, DISTRICT INDUSTRIES CENTRE,TRIVANDRUM. 2. THE VADAKKEVILA HANDLOOM WEAVERS (PRODUCTION CUM SALE) CO-OPERATIVE SOCIETY LTD NO.3403, BALARAMAPURAM TRIVANDRUM, REPRESENTED BY ITS SECRETARY. R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR R2 BY ADV. SRI.P.N.MOHANAN FOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISISON ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.33432 OF 2008 ------------------------------------------- Dated this the 20th day of November, 2008 JUDGMENT The petitioner challenges the rejection of his nomination in the election to the committee of a co-operative society. His plea was that the rejection was on the ground that his brother's son was employed in the society as the Secretary and that therefore, the disqualification in Rule 44 (1) (b) of the Kerala Co-operative Societies Rules, 1969 on the basis of relationship is not attracted. But the Returning Officer has filed a counter affidavit producing therewith Ext.R1(a) which shows that the disqualification was not referable to the petitioner's relationship with the Secretary, but on the fact that petitioner's nephew, meaning thereby his sister's son, one Suresh Babu works as the Store Keeper in the society. Going by the Rule as it stands, such relationship is a ground of disqualification. Hence, the rejection of the nomination is proper. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.