IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 25317 of 2010(L) ---------------------------------------- PETITIONER(S): --------------------- P.SAINUDHEEN, S/O.ISMAYIL,AGED 55 YEARS, R/AT.LAL BHAVAN, GIRI NAGAR, P.O.KALPETTA,B.CLASS (INDIVIDUAL) MEMBER, NO.413 OF WAYANAD DISTRICT, WHOLE SALE CONSUMERS CO-OPERATIVE STORES LTD.NO. W 36, KALPETTA, WAYANAD DISTRICT. BY ADV. SRI.P.K.RAMKUMAR RESPONDENT(S): -------------------------- 1. THE ELECTORAL OFFICER TO WAYANAD DISTRICT, WHOLE SALE CONSUMERS CO-OPERATIVE STORE, ASSISTANT REGISTRAR PLANNING, OFFICE OF THE JOINT REGISTRAR G, WAYANAD P.O.KALPETTA- 673 121. 2. THE RETURNING OFFICER TO WAYANAD DISTRICT, WHOLE SALE CONSUMERS CO-OPERATIVE STORE, UNIT INSPECTOR, VYTHIRI UNIT OFFICE OF THE ASSISTANT REGISTRAR G, WAYANAD, P.O. KALPETTA, 673 121. 3. SKARIA.K.A., PRESIDENT, PULPALLY LABOUR CONTRACT CO-OPERTIVE SOCIETY LTD., NO.W.168 PULPALLY P.O., RESIDING AT MAMBALLY HOUSE, PULPALLY, WAYANAD- 673 579. R1 & R2 BY GOVT. PLEADER SMT.ANU SIVARAMAN R3 BY ADV. SRI.P.N.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2010, THE COURT ON 15/10/2010 DELIVERED THE FOLLOWING: W.P.(C) NO.25317/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LIST OF CANDIDATES. P2:- COPY OF THE LIST OF B CLASS MEMBERS OF WAYANAD DISTRICT WHOLE SALE CONSUMER CO-OPERATIVE STORE. P3:- COPY OF THE REPRESENTATION SUBMTITED BY THE PETITIONER DTD. 26.6.10. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE LETTER SUBMTITED TO THE MANAGING DIRECTOR OF THE WHOLE SALE STORE. R3(b):- COPY OF THE PETITION DTD. 3.6.2010 SUBMITTED BEFORE THE IST RESPONDENT. R3(c):- COPY OF THE INTERIM ORDER DTD. 18.6.2010 IN WPC. NO.18192/2010. R3(d):- COPY OF THE ORDER DTD. 21.7.2010. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.25317 of 2010-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October, 2010. JUDGMENT In this writ petition, the challenge is against the acceptance of the nomination of the third respondent. The election to the managing committee was scheduled to be conducted on 27.6.2010. The nomination of the third respondent was accepted by the Returning Officer. 2. The petitioner's contention is that the third respondent is ineligible to contest the election due to the prohibition contained in Rule 45(c) of the Kerala Co-operative Societies Rules. It is pointed out that the third respondent is a delegate of another society, in Wayanad District Wholesale Consumer's Co-operative Store and he is also an individual member in the said society. Thus, it is submitted that the disqualification is attracted. 3. The third respondent has filed a counter affidavit. It is pointed out that he is the President of Pulpally Labour Contract Co-operative Society which is a member of the Wholesale Co-operative Store. After becoming a member, he put in a request on 27.7.2009 to remove him from the individual membership of the wholesale store, as per Ext.R3(a). It is therefore pointed out that from the date of acceptance of Ext.R3(a), he has wpc 25317/2010 2 ceased to be an individual member. When the preliminary voters list was published, finding his name along with others, he submitted Ext.R3(b) letter to the Returning Officer. It is further pointed out that the nomination of the third respondent was accepted by the Returning Officer after scrutiny and the petitioner has not raised any objection to the acceptance of the nomination. He is not a candidate nor a proposer and if at all he has got any complaint, he will have to file an election petition after declaration of the results. 4. Apart from the above, it is pointed out that the third respondent has filed W.P.(C) No.18192/2010 against the actions of the Administrator and the Electoral Officer in not including 25 institutional members including that of the third respondent in the voters list and in the light of the interim order passed in the said writ petition, the nominations were directed to be accepted and they have been allowed to vote also. After the decision in W.A. No.1054/2010 votes have been counted and the third respondent has got the highest vote. It is also pointed out that this writ petition is filed long after the election proceedings were over including the counting of votes. The nomination was accepted on 15.6.2010, election was over on 27.6.2010 and counting was held on 26.7.2010. 5. Evidently, the writ petition was presented only on 11.8.2010, long wpc 25317/2010 3 after the acceptance of the nomination and the election was over. The petitioner has not raised any objection to the acceptance of nomination as evident from his pleadings also. The third respondent was allowed to contest the election in the light of the interim order passed in W.P.(C) No.18192/2010. 6. Apart from that, it is the contention of the third respondent that he has ceased to be an individual member. At any rate, the remedy of the petitioner is to challenge the election of the third respondent, if ultimately he is declared elected, by way of election petition under Section 69 of the Act, especially in the light of the factual disputes. Therefore, the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/