FIRST LAW

Kerala Co-operative Societies Act,  1969 -  the copy of the resolution that has to be enclosed along with the nomination of the petitioner as a delegate of the member Society, with the signature of the petitioner, attested in the manner prescribed in the election notification, is an essential part of the nomination. The omission to submit a copy of the resolution in the prescribed manner is a substantial defect, which goes to the root of the matter. The said defect cannot be cured at the time of scrutiny of nominations and as such, the rejection of the petitioner's nomination based on the order of the Returning Officer is perfectly legal, which warrants no interference under Article 226 of the Constitution of India.