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Judgment
We have heard learned counsel for the appellants and the
learned counsel for the State and we see no reason to interfere
with the order of the learned Single Judge.
The nominations of the writ petitioners/appellants for
contesting the election to the Managing Committee of the
Sulthan Bathery Urban Co-Operative Bank were rejected. This is
the subject matter of challenge. It is submitted that this Court in
the case of Ambatt Asokan v. Oochira Service Co-operative
Bank Ltd . [2008 (3) KLT 645] has held that dual membership is
not a ground for disqualifying a nominee for the election.
Learned Government Pleader points out that the same judgment
says that this position would apply unless the bye-laws do not
state otherwise. He says that in the writ petition there is no
statement that the bye-laws did not prohibit dual membership.
The appellants were members of Sultan Bathery Urban
Co-operative Bank Ltd. as well as Sultanbathery Primary Co-
operative Agricultural Rural Development Bank and thus
actions of the Returning Officer in rejecting the nominations is
submitted to be valid.
Be that as it may, once the election process has
started and that too when the grounds are absolutely unclear
and contestable, it is advisable not to interfere. The learned
Single Judge had rightly refused to interfere. After hearing the
learned Counsel appearing for the appellant, we find no merit
in the appeal and the same is accordingly dismissed. Liberty is
however given to the appellants to challenge the results of the
election if he is so advised.