Petitioner challenged rejection of nomination paper for managing committee elections due to missing caution deposit receipt, claiming subsequent remittance cured the defect. Court held nomination defective as receipt was not accompanied and dismissed the writ petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
FRIDAY, THE 14TH DAY OF DECEMBER 2012/23RD AGRAHAYANA 1934
WP(C).No. 29538 of 2012 (N)
PETITIONER:
RAJU, S/O. KUMARASWAMI, AGED 62 YEARS, PALATHULLI, PERUVAMBA P.O, PALAKKAD - 678 531.
BY ADV. SRI.JACOB SEBASTIAN.
RESPONDENS:
1. THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, TRIVANDRUM, PIN - 695 001.
2. THE PERUVAMBA SERVICE CO-OPERATIVE BANK LIMITED, NO. F. 1648, PERUVAMBA, PALAKKAD DISTRICT, PIN - 678 531.
3. THE ELECTORAL OFFICER FOR THE ELECTION TO THE MANAGING COMMITTEE OF THE PERUVAMBA SERVICE CO-OPERATIVE BANK, (THE ASSISTANT REGISTRAR (GENERAL) CIRCLE CO-OPERATIVE, PALAKKAD, PIN - 678 531.
4. THE RETURNING OFFICER FOR THE ELECTION TO THE PERUVAMBA SERVICE CO-OPERATIVE BANK LIMITED, PERVAMBA (THE UNIT INSPECTOR, CO-OPERATIVE DEPARTMENT, MALAMPUZHA), PIN - 678 531.
R2 BY ADVS. SRI.M.P.ASHOK KUMAR, SRI.S.NANDAGOPAL.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Prv.
W.P.(C). NO.29538/2012-N:
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT-P2TRUE COPY OF THE ACKNOWLEDGMENT DATED 29/11/2012 OF THE 4TH RESPONDENT RETURNING OFFICER.
EXHIBIT-P3TRUE COPY OF THE RECEIPT DATED 30/11/2012 ISSUED BY THE 2ND RESPONDENT BANK.
EXHIBIT-P4TRUE COPY OF THE ORDER OF REJECTION.
EXHIBIT-P5TRUE COPY OF THE NOMINATION PAPER IN FORM NO. 36 PREPARED IN TERMS OF RULE 35A.
RESPONDENTS' EXHIBIT:
EXHIBIT R2.(1): PHOTOCOPY OF THE NOTIFICATION DTD. 03/11/2012.
//TRUE COPY//
P.S. TO JUDGE
Prv.
HARUN-UL-RASHID,J.
W.P.(C).NO. 29538 OF 2012
DATED THIS THE 14TH DAY OF DECEMBER, 2012
JUDGMENT
Writ Petition is filed seeking to declare that the rejection of
the petitioner's nomination papers on the ground that it was not accompanied with a receipt evidencing remittance of caution deposit is legally unsustainable and for a direction directing the respondents 1, 3
and 4 to permit the petitioner to contest the election for the Managing
Committee of the 2nd respondent-Society scheduled as per Ex.P1.
is the notification to conduct the election to the Managing Committee. The nomination submitted to the petitioner was rejected stating that the nomination was not accompanied with caution deposit of `250/-. Petitioner is aggrieved by the rejection of his nomination.
counsel for the 2nd respondent brought to the notice of this Court Rule
-2-
W.P.(C).No.29538/2012
35A(6)(B) of the Rules, which stipulates that the candidate shall
deposit 250/- along with the nomination paper. Petitioner did not remit 250/- along with the nomination as required under Rule 35A(3)(2) of the Rules and no receipt was accompanied showing the remittance of `250/- along with the nomination paper. Petitioner remitted the amount subsequently. The nomination submitted by the petitioner is defective, as he could not accompany the caution deposit receipt along with the nomination. In the circumstances, the order rejecting the nomination paper of the petitioner is valid.
The writ petition is devoid of any merit and accordingly
dismissed.
HARUN-UL-RASHID, JUDGE.
kcv.
2 issues framed by the court
Whether rejection of nomination papers due to lack of caution deposit receipt can be impugned via writ petition despite subsequent remittance of the amount.
Whether Rule 35A(6)(B) requiring deposit of `250/- along with nomination is mandatory to be accompanied by a receipt at the time of submission.
Raju
The Kerala State Co-operative Election Commission
The Peruvamba Service Co-operative Bank Limited
The Electoral Officer for the Election to the Managing Committee of the Peruvamba Service Co-operative Bank
The Returning Officer for the Election to the Peruvamba Service Co-operative Bank Limited
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
