Kerala High Court
Rabiya Jaleel vs The Electoral Officer/Joint ... on 9 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
WP(C) NO. 15058 OF 2023
PETITIONER:
RABIYA JALEEL
DELEGATE, CHAVAKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD. NO.R 1355, GURUVAYUR P.O,
THRISSUR DISTRICT, RESIDING AT PULAKKAVEETTIL HOUSE,
KOTTAPPADY P.O, GURUVAYUR, THRISSUR DISTRICT., PIN - 680 505
BY ADVS.
ARJUN RAGHAVAN
POOJA PANKAJ
RESPONDENTS:
1 THE ELECTORAL OFFICER/JOINT DIRECTOR
DIRECTORATE OF CO-OPERATIVE AUDIT,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O,
THIRUVANANTHAPURAM., PIN - 695 014.
2 THE RETURNING OFFICER/ASSISTANT REGISTRAR (E.B. SECTION),
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O,
THIRUVANANTHAPURAM., PIN - 695 014.
3 THE STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY, 3RD FLOOR,
CO-BANK TOWERS, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM., PIN - 695 033.
4 THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD NO.T 4017
REPRESENTED BY ITS MANAGING DIRECTOR,
AGRICULTURAL DEVELOPMENT BANK BUILDING,
STATUE JUNCTION, THIRUVANANTHAPURAM., PIN - 695 001.
BY ADVS
ASIF M A
C.M. NAZAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.15058 OF 2023 2
JUDGMENT
This writ petition has been filed seeking the following
reliefs:
"i) to declare that the act of the 2 nd respondent
rejecting the nomination paper of the petitioner is
illegal;
ii) to issue a writ of mandamus or any other
appropriate writ, order or direction, directing
respondents 1 to 3 to accept the nomination of the
petitioner and permit her to contest the election
to the managing committee of the 4 th respondent
society as notified in Ext-P2;
iii) to dispense with filing of the translation of
vernacular documents;
and
iv) to grant such other relief's as this Honourable
Court may deem fit in the circumstances of this
case."
2. After the judgment was dictated in open Court
allowing the writ petition, by directing the election to the
Managing Committee of the 4th respondent Bank, be
conducted afresh, the matter was posted to 07-06-2023, as
a submission was made by the learned Senior Counsel
appearing in one of the connected writ petitions, that there
could not be a partial setting aside of election.
3. When this matter was taken up on 07-06-2023,
the learned counsel appearing for the petitioner submitted
that the petitioner wishes to challenge the rejection of her
nomination by filing an election petition and sought time to
file an affidavit, setting out the circumstances which
prompted the petitioner to withdraw the writ petition. An
affidavit has been filed by the petitioner stating as follows:
4. It is submitted that the matter was heard on
06-06-2023, on which date this Hon'ble Court shown
inclination to allow the writ petition by declaring that
the rejection of nomination paper of the petitioner is
illegal, with a consequent direction to set aside election
to the constituencies reserved for 'women'. It is true
that no such prayer was made in the writ petition, and
the candidates contested to the 'women' constituency
were not made parties. Though, the judgment was
dictated in the open court, the same was not finalized
and the writ petition was posted on 07-06-2023, to
ascertain whether a different course is possible or can
be opted. The gist of the aforesaid judgment was
communicated to the petitioner by her counsel on 06-
06-2023. It was only then the petitioner realized that
she will not be declared as a winner, but the election to
the three seats reserved for 'woman' will have to be
conducted again. The petitioner deliberated the
aforesaid development with the members of her panel,
and the director board of the primary society.
Thereafter, the petitioner came to a conclusion that
rather than to pave way for another election, she
thought it prudent to inform the counsel that she would
work out her remedy by filing an election petition, and
that steps may be taken to ensure that the vote cast by
her must be counted. It is further submitted that on
informing the same to the counsel, the counsel insisted
for the petitioner to come down to his office and give
the aforesaid instructions.
5. It is submitted that the petitioner reached the office of
the counsel at 9.20 A.M, on 07-06-2023, and gave
written instruction to the effect that she is not
intending to prosecute the matter on merits, and that
she may be permitted to work out her remedies by way
of an election petition, with the exception that the vote
cast by her may be counted. Admittedly, the petitioner
does not suffer from any disqualification in exercising
her franchise, and there is no stigma attached to the
vote cast by her.
6. It is submitted that I hold this Hon'ble Court at the
highest esteem and the institution of the present writ
petition was not frivolous or vexatious. The petitioner
was under the bonafide belief that she would be
declared as a winner on account of the fact that her
nomination was illegally rejected. It is further
submitted that conducting election again to the
constituencies reserved for woman', is something
which the petitioner never intended. It may also be
noted that such a process may not be in the best
interest of the others who are otherwise eligible to be
declared as elected.
Though, I am not fully convinced that the matters set out
in the affidavit are acceptable and the petitioner could not
have felt in any manner that she would be declared winner
in the election (even if it were to be found that the
rejection of her nomination was bad), I am inclined to
allow the writ petitioner to close the writ petition, with
liberty being reserved to the petitioner to pursue any other
remedy that may be open to her.
4. Since the franchise exercised by the petitioner is
valid, notwithstanding the rejection of her nomination the
ballot paper of the petitioner which has been kept in a
separate box, following the interim order dated 05-05-2023
shall also be counted while counting the votes.
Writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
ats
APPENDIX OF WP(C) 15058/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE JUDGMENT DATED 15-02-2023
IN WP(C) NO.2962 OF 2023 OF THIS HON'BLE
COURT
Exhibit-P2 A TRUE COPY OF THE ELECTION NOTIFICATION
NO.E(2)1620/ 2023/S.C.E.C DATED 03-04-2023
Exhibit-P3 A TRUE COPY OF THE INTERIM ORDER DATED 28-02-
2023 IN WP(C) NO.6881 OF 2023 OF THIS HON'BLE
COURT
Exhibit-P4 A TRUE COPY OF THE AUTHORISATION LETTER DATED
25-04-2023 ISSUED BY THE SECRETARY, CHAVAKKAD
PRIMARY AGRICULTURAL AND RURAL DEVELOPMENT
BANK LTD.NO.R1355
Exhibit-P5 A TRUE COPY OF THE RESOLUTION DATED 24-04-
2023 TAKEN BY THE BOARD OF DIRECTORS OF
PETITIONER'S BANK
Exhibit-P6 A TRUE COPY OF THE NOTICE DATED 27-04-2023
Exhibit-P7 A TRUE COPY OF THE RELEVANT PAGES OF THE
AGENDA DETAILS FOR THE MEETING CONVENED ON
12-04-2023
Exhibit P7(a) A TRUE COPY OF THE TRANSACTION DETAILS FROM
01-04-2022 TO 31-03-2023 BETWEEN PETITIONER'S
BANK WITH THE 4TH RESPONDENT SOCIETY
Exhibit-P8 A TRUE COPY OF THE COMMUNICATION DATED 24-04-
2023 ISSUED BY THE CHAVAKKAD PCARD BANK TO
THE 4TH RESPONDENT SOCIETY
Exhibit-P9 A SCREENSHOT OF THE MAIL PAGE EVIDENCING THE
FORWARDING OF EXT-P8 MAIL COMMUNICATION TO
THE 4TH RESPONDENT
Exhibit-P10 A TRUE COPY OF THE INTERIM ORDER DATED 13-04-
2023 IN WP(C) NO.12102 OF 2023 OF THIS
HON'BLE COURT
Exhibit-P11 A TRUE COPY OF THE INTERIM ORDER DATED 25-04-
2023 IN WP(C) NO.14523 OF 2023 OF THIS
HON'BLE COURT
Exhibit-P12 A TRUE COPY OF THE NOTICE DATED 28-04-2023,
ISSUED BY THE 2ND RESPONDENT
Exhibit-P13 A SCREENSHOT OF WHATSAPP MESSAGE
RESPONDENT EXHIBITS
Exhibit R4 (b) True copy of demand notices sent to PCARD
Bank, Chavakkad from this respondent through
Regional Manager, Thrissur dated 01-10-2022
Exhibit R4 (c) True copy of demand notices sent to PCARD
Bank, Chavakkad from this respondent through
Regional Manager, Thrissur dated 01-11-2022
Exhibit R4 (d) True copy of demand notices sent to PCARD
Bank, Chavakkad from this respondent through
Regional Manager, Thrissur dated 01-12-2022
Exhibit R4 (e) True copy of demand notices sent to PCARD
Bank, Chavakkad from this respondent through
Regional Manager, Thrissur dated 01-01-2023
Exhibit R4 (f) True copy of demand notices sent to PCARD
Bank, Chavakkad from this respondent through
Regional Manager, Thrissur dated 01-02-2023
Exhibit R4 (g) True copy of demand notices sent to PCARD
Bank, Chavakkad from this respondent through
Regional Manager, Thrissur dated 01-03-2023
Exhibit R4 (a) True copy of system generated consolidated
Statement of overdue of the PCARD Bank,
Chavakkad from 01-10-2022 to 01-03-2023
Exhibit R4 (h) True copy of the Speed Post postal
acknowledgment evidencing receipt of Ext-
R4(g) by the authorized officer of PCARD
Bank, Chavakkad on 23-03-2023
PETITIONER EXHIBITS
Exhibit-P14 A true copy of the debit note along with
adjustment details dated 31-03-2023 issued on
behalf of the 4th respondent to Secretary,
Chavakkad PCARD Bank
Exhibit-P15 A true copy of the postal cover in which Ext-
P14 was served
Exhibit P16 A TRUE COPY OF THE PHOTOGRAPH OF THE RECEIPT
DATED 15-05-2023 ISSUED BY ST COURIER PVT.
LTD.
Exhibit P17 A SCREEN-SHOT OF THE QUERY PAGE OF ST
COURIERS SHOWING THE DELIVERY OF EXT-P14
RESPONDENT EXHIBITS
Exhibit R4(J) True copy of the report submitted by the
Deputy Manager, Thrissur Regional Office on
01-06-223
Exhibit R4(I) True copy of the e-mail dated 27.4.2023 of
the Regional Manager, Thrissur with the
system generated statement of overdue of
Chavakkad PCARD Bank
