Kerala High Court Intervenes in Cooperative Society Election, Corrects Illegal Nomination Rejection
Court Directs Election Commission to Accept Nomination of R. Suresh Babu; Ensures Election Calendar Remains Unaffected
In a significant judicial intervention, the Kerala High Court has directed the State Cooperative Election Commission to accept the nomination of R. Suresh Babu, whose candidacy was previously rejected on grounds deemed illegal and untenable by the court. The decision, pronounced by Mr. K. Babu, J., underscores the judiciary's role in ensuring fair electoral processes within cooperative societies while maintaining the integrity of the election timetable.
R. Suresh Babu, a member of the APCOS Employees Co-operative Society Ltd, had filed his nomination to contest the elections from Constituency B2, reserved for employees of Primary and Apex Cooperative Societies under the Circle Cooperative Union, Neyyattinkara. His nomination was proposed by Sri M. Satheeshkumar, who also filed a nomination for the same constituency, and the petitioner reciprocated by proposing Satheeshkumar’s nomination.
The Returning Officer, Respondent No.3, rejected Babu's nomination, citing impropriety in a proposer contesting in the same constituency. Babu approached the High Court, challenging the rejection as illegal, arguing that no statutory provisions disqualify a candidate under such circumstances.
The court meticulously analyzed Rule 129(4) of the Kerala Co-operative Societies Rules, which governs nominations in cooperative society elections. It found that the rejection lacked statutory backing, as the rules do not disqualify a candidate for proposing another's nomination within the same constituency. The judgment clarified that the statutory right to contest elections can only be denied on grounds explicitly stated in the statute.
The Kerala High Court invoked Article 226 of the Constitution of India, which empowers the judiciary to correct illegalities within ongoing election processes without disrupting the election calendar. In its judgment, the court referenced several Supreme Court precedents, including Election Commission v. Ashok Kumar and N.P. Ponnuswami v. Returning Officer, Namakkal Constituency, reiterating the principle that judicial intervention during elections is permissible when it facilitates the election process rather than obstructing it.
Mr. K. Babu, J., emphasized the court's role in ensuring election fairness, stating that the rejection was patently illegal and did not require extensive evidence to prove its untenable nature. The court directed the Returning Officer to accept Babu's nomination, thereby allowing him to contest in the upcoming election scheduled for September 20, 2025.
This ruling serves as a reminder of the judiciary's pivotal role in safeguarding democratic processes within cooperative societies, ensuring that elections are conducted fairly and in accordance with statutory provisions.
Bottom Line:
Rejection of nomination paper in cooperative society elections - A person who proposes a candidate or seconds a nomination is not disqualified from contesting the same election in absence of specific disqualification in the statute - The rejection of nomination on such grounds is illegal and can be interfered with under Article 226 of the Constitution of India without disturbing the election calendar.
Statutory provision(s): Kerala Co-operative Societies Rules, Rule 129(4), Constitution of India, Article 226
