Kerala High Court
Nitheesh N vs The Kerala State Co-Operative Chief ... on 30 January, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
2025:KER:7370
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 30TH DAY OF JANUARY 2025 / 10TH MAGHA, 1946
WP(C) NO. 3924 OF 2025
PETITIONERS:
1 NITHEESH N
AGED 38 YEARS
S/O. VASUDEVAN, RESIDING AT PEDIKKATTU
KIZHAKKATHIL, THAZHAVA P.O., KARUNAGAPALLY,
KOLLAM, PIN - 690 501.
2 RATHEESH KUMAR A
AGED 34 YEARS
S/O. ANILKUMAR RESIDING AT ANIL MANDIRAM,
VELIYAM WEST P.O., VELIYAM VILLAGE,
KOTTARAKARA TALUK, KOLLAM, PIN - 691 540.
3 SAFARNIZA A
AGED 39 YEARS
W/O. MUHAMMED NAJEEB, RESIDING AT SHAFEE MANZIL,
NJARAKAL, PERINAD.P.O.,
THRIKKADAVOOR VILLAGE, KOLLAM,
PIN - 691 601.
BY ADVS.
S.SREEKUMAR (KOLLAM)
K.VIJAYAN
NAMITHA RAJESH
ABHILASH T.
NITHYA V.D.
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE CHIEF ELECTION
COMMISSIONER
THIRUVANANTHAPURAM, KERALA,
PIN - 695 001.
2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY
(GENERAL),
NEAR COLLECTORATE, CIVIL STATION P.O,
KOLLAM, PIN - 691 013.
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2
3 ELECTRICITY BOARD EMPLOYEES CO-OPERATIVE
SOCIETY LTD NO. Q232
POWER HOUSE, KOLLAM
REPRESENTED BY ITS SECRETARY,
PIN - 691 001.
SRI. C.M NAZAR - SC
SMT. SHEEJA C.S - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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3
JUDGMENT
The State Co-operative Election Commission,
by Ext.P5, notified the election to the Managing
Committee of the 3rd respondent Society. The last
date for submission of nomination was notified as
24.01.2025. The date fixed for scrutiny of
nomination was 25.01.2025. The petitioners
submitted their nomination on 24.01.2025.
They state that in Ext.P5 notification, though the
time fixed for scrutiny of nomination is from
11.00 a.m., the closing time was not mentioned
therein. The petitioners reached the venue of
scrutiny at 1.00 p.m on 24.01.2025. However, by
the time, the scrutiny was over and their
nominations were rejected. Accordingly, the
petitioners preferred Ext.P6 complaint to the 2 nd
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respondent. The 2nd respondent has not taken
any decision on Ext.P6. The petitioners have filed
this writ petition for a direction to the
respondents to accept their nomination papers
and to include them among the contesting
candidates in the election to be held on
07.02.2025. The petitioners have also sought for
a direction to the respondents to consider and
take action on Ext.P6, within a time frame.
2. Rule 35A(6)(e)(i) of the Kerala Co-
operative Societies Rules, 1969 (for short, 'the
Rules') deals with scrutiny of nominations and
reads as follows:-
"R.35A(6)(e)(i)- On the day following the
date fixed for the receipt of nomination
papers, the Returning Officer shall take up
the scrutiny of the nomination papers. The
candidate or his proposer or his seconder
may be present at the time of scrutiny of
nomination papers."
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Under the Rules, it is not necessary for the
candidate or his proposer or his seconder to be
present at the time of scrutiny of nomination.
Even if the candidate, proposer or seconder are
not present, the scrutiny has to go on. Rule
35A(3) provides for the particulars to be
contained in an election notification. Sub clause
(vii) of Rule 35A(3) reads as follows:-
"(vii). The date and hour when the
nomination paper will be scrutinised."
The time for scrutiny will depend on the number
of nominations, the objections to the
nominations, the summary enquiry, if any.
Therefore, the statute does not provide for
notifying the hours between which the scrutiny is
to be conducted. Further, after the scrutiny, the
Returning Officer has to publish the list of validly
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nominated candidates, the same day.
3. Rule 35A(6)(e)(iv) reads as follows:-
"R.35A(6)(e)(iv)- The Returning Officer
shall endorse on each nomination paper
his decision accepting or rejecting the
same, as the case may be, and if the
nomination paper is rejected, he shall
record in writing a brief statement of his
reasons for such rejection."
Though the petitioners state that their
nominations have been rejected, the orders
rejecting the nominations have not been
produced. The election was notified on
27.12.2024 and the election process has reached
an advanced stage and what remains is only the
poll which is slated on 07.02.2025. Any
interference with the election process at this
stage will upset the election calendar. The
petitioners have got an effective alternate
remedy under Section 69 of the Kerala
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Co-operative Societies Act, 1969.
Without prejudice to the right of the
petitioners to avail the said remedy, the writ
petition is dismissed.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
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APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 THE TRUE COPY OF THE IDENTITY CARD OF THE
1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF COMMUNITY CERTIFICATE OF THE
1ST PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE IDENTITY CARD OF THE
2ND PETITIONER.
EXHIBIT P4 THE TRUE COPY OF THE IDENTITY CARD OF THE
3RD PETITIONER.
EXHIBIT P4 (a) THE TRUE COPY OF THE SSLC CERTIFICATE OF
THE 3RD PETITIONER.
EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED
27.12.2024 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED
24.01.2025 GIVEN TO THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS:- NIL.
