K.V. Devasia v. Kerala State Co-operative Election Commission, The Electoral Officer, The Returning Officer, Kozhikode District Co-operative Rubber Marketing Society Ltd.
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- K. Surendran Mohan
- Judgment Date
- 2014-08-26
- Court Decision / Holding
- This writ petition is therefore dismissed.
- Final Disposition
- Dismissed
Parties to the Case
Appellants / Petitioners
- K.V. Devasia
Respondents
- Kerala State Co-Operative Election Commission
- The Electoral Officer appointed for conduct of election to the Board of Directors of the Co-operative Rubber Marketing Society Ltd.
- The Returning Officer appointed for conduct of election to the Board of Directors of the Co-operative Rubber Marketing Society Ltd.
- Kozhikode District Co-operative Rubber Marketing Society Ltd.
Legal Representation & Advocates
Counsels for Petitioners
- • Smt. Bindu George
Counsels for Respondents
- • Shri D. Somasundaram
Case Synopsis & Summary
This writ petition challenges the rejection of the petitioner’s nomination for election to the Managing Committee of the Kozhikode District Co-operative Rubber Marketing Society Ltd. The petitioner, K.V. Devasia, a member of the society, contends that Ext. P3 notification for the forthcoming election is being implemented improperly because his nomination was rejected on the ground of default, claimed to be Rs. 277.50, dated back to the 2005–2006 audit. Ext. P4 confirms the bylaw-based ground for disqualification: Clause (6) of By-law 5 deems a person in default to the society ineligible to contest. The petitioner’s counsel argues that the society is not engaged in lending to its members, so the alleged default should not bar candidacy, and that the amount is historical from an audit; the petitioner even served as a member of the Managing Committee until 2014, contesting the 2009 election notwithstanding. Relying on Kumaran v. Returning Officer (1998) (2) KLT 789), counsel contends that notice to a surety is necessary, but the court notes Kumaran concerns a surety, not a direct defaulter, and distinguishes it accordingly. The Special Government Pleader supports the bylaw-based disqualification. After examining Exts. P1–P4 and the bylaw, the court holds the petitioner in default, sees no ground to interfere with the election process, and dismisses the petition, while granting liberty to pursue a post-election election petition if aggrieved.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner’s counsel contends that the society is not a lending institution and thus the default has no real bearing on eligibility to contest. The Rs. 277.50 shown due is from a 2005–2006 audit and had the petitioner contesting elections in 2009, even serving on the managing committee until 2014. The reliance on Kumaran v. Returning Officer (1998) is misplaced since that decision related to a surety, not the defaulter himself. The counsel asserts that the bylaw provision used for disqualification should be interpreted with fairness, and the petitioner should be afforded a chance to challenge via an election petition after the election if aggrieved.
Contentions of Respondents
The respondents’ counsel submits that the nomination was rightly rejected under the relevant bylaw (Clause 6 of By-law 5), as the petitioner is in default to the society. The default has existed since 2005–2006 per the audit and the bylaw disqualifies such a defaulting member from contesting. Interference at this stage would undermine the election process; the petitioner may pursue redress through a properly framed election petition after the election if aggrieved.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Kumaran v. Returning Officer | 1998(2) KLT 789 | Distinguished | The decision was not applicable as Kumaran dealt with notice obligations to a surety, whereas the present case concerns a defaulter (the petitioner) and thus the reasoning does not apply. |
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