AIR 1999 KERALA 5 ::1998 (2) KerLT 895 ::1998 (2) Ker LJ 724

Kerala High Court

Hon'ble Judge(s): K. S. Radhakrishnan , J

Kerala Co-operative Societies Act (21 of 1969) , S.109— Kerala Co-operative Societies Rules (1969) , R.35(3)— Election to Co-operative Society - Rejection of nomination paper - Validity - Attestation of nomination by Advocate/Gazetted Officer - Is a mandatory requirement and not an empty formality. Attestation of a solemn declaration to be made by the candidate who intends to contest election by an Advocate or Gazetted Officer cannot be termed as an empty formality. The power to attest the said declaration is given only to an Advocate or to a Gazetted Officer. Advocate is authorised to do so by virtue of his position in the society and knowledge of law and Gazetted Officer is also permitted to do the same by the fact that he is a Government servant. They have to discharge their solemn function by attesting the affidavit. Signing affidavit in the presence of the Advocate or Gazetted Officer attaches the solemnity to the declaration. Hence, order of Returning Officer rejecting the nomination due to non-attestation by Advocate or Gazetted Officer is proper.(Para 7)