JUDGMENT : The petitioner, who is a member of the 2nd respondent- Co-operative Society and who proposes to contest in the Election to the Managing Committee of the Society as a candidate belonging to Scheduled Caste Community, has filed this writ petition seeking to quash Ext.P2 to the extent it rejects the nomination of the petitioner. The petitioner seeks to direct the 3rd respondent to accept the nomination of the petitioner. 2. The petitioner states that he belongs to Scheduled Caste Community. Election to the Co-operative Society was scheduled by the 1st respondent as per notification dated 02.07.2024. The date of the Election is 07.08.2024. 3. The petitioner submitted his nomination to contest to the Managing Committee, against a reserved seat. The nominations were scrutinised on 26.07.2024. The nomination of the petitioner was rejected, as can be seen from Ext.P2 proceedings dated 27.07.2024. 4. On enquiry, the 3rd respondent revealed that the nomination of the petitioner was rejected due to the reason that he had not subscribed to oath that he has no disqualification under the Kerala Co-operative Societies Act and Rules. According to the petitioner, he had already subscribed to an affidavit in the nomination that he is eligible to contest to the Election and also that he belongs to Scheduled Caste Community. The rejection of the nomination of the petitioner is therefore illegal. 5. Counsel for the petitioner pointed out that as per Rule 35A of the Kerala Co-operative Societies Rules, a candidate has to fill up only one declaration. The petitioner being a candidate proposing to contest against the reserved constituency, he has given a declaration to that effect. His nomination has been rejected on the ground that the petitioner has not given a second declaration as to his willingness to contest in Election. The rules contemplate only filing of “a declaration”. The petitioner has given a declaration. Therefore, the rejection of the nomination paper is illegal, urged the petitioner. 6. Standing Counsel entered appearance on behalf of respondents 1 and 3 and submitted that as per Rule 35A of the Kerala Co-operative Societies Rules, a declaration as to the willingness of the candidate to contest in the Election is mandatory. The petitioner has omitted to sign such a declaration. The declaration submitted by the petitioner is relating only to his entitlement and eligibility to contest against a reserved seat. The petitioner has omitted to sign such a declaration. The declaration submitted by the petitioner is relating only to his entitlement and eligibility to contest against a reserved seat. The nomination submitted by the petitioner is therefore defective. The petitioner has no legal grievance, contended the Standing Counsel. 7. I have heard the learned Counsel for the petitioner and the learned Standing Counsel for respondents 1 and 3. 8. Rule 35A (6)(a) and (6)(b) of the Kerala Co-operative Societies Rules reads as follows:- (6) (a) The nomination of the candidates for Election shall be made in Form No.36 which shall be supplied by the Returning Officer to any member free of cost on application; (b) Every nomination paper shall be signed by two members whose names are included in the voters list. One of the members shall sign the form as proposer and the other as seconder for the nomination. The nomination paper shall also contain a declaration signed by the candidate proposed for election to the effect that he is willing to stand for election. Along with the nomination paper, he shall deposit two hundred and fifty rupees in the Society, which shall be refunded to him if he gets more than ten per cent of the total votes polled, or withdraws nomination or his nomination is rejected or he is declared elected by the Returning Officer without polling [in the case of candidates belonging to Scheduled Caste/Scheduled Tribe deposit of one hundred and twenty five rupees shall suffice]. 9. It is clear from Rule 35A (6)(b) that the nomination paper shall contain a declaration signed by the candidate proposed for Election, to the effect that he is willing to stand for Election. It is therefore evident that a declaration relating to the willingness of the candidate to contest in Election, is a statutory requirement. 10. The Form of nomination paper is given as Form No.36 in Appendix-II in the Kerala Co-operative Societies Rules. The Form reads as follows:- FORM NO. 36 (See Rule 35 A (6) (a)) NOMINATION PAPER Election to the Board of Directors / representative General Body of the …………………….. Co-operative Society / Bank Ltd. No............................................ 1. (a) Full Name of the Candidate (b) Postal Address (c) Member No. (d) Male / Female (e) Age and Date of Birth (f) Ward / Region / constituency in which Contesting 2. Co-operative Society / Bank Ltd. No............................................ 1. (a) Full Name of the Candidate (b) Postal Address (c) Member No. (d) Male / Female (e) Age and Date of Birth (f) Ward / Region / constituency in which Contesting 2. (a) Name of Proposer (b) Postal Address (c) Member No. (d) Male / Female (e) Age and Date of Birth 3. (a) Name of Seconder (b) Postal Address (c) Member No. (d) Male / Female (e) Age and Date of Birth Signature of the Candidate : Signature of the Proposer : Signature of the Seconder : DECLARATION OF PROPOSER I, ………………………………………………. (name) Member No .........………………. of the …....................................... Co-operative Society / Bank Ltd. Dated …................................. hereby propose Shri………………………………………….................... Member No…………… as a candidate for election to the Board of Directors of the above Society proposed to be held on ……………………. I also declare that the details furnished above are correct. Place: Signature of the Proposer Date: Name DECLARATION OF SECONDER I, ….....………………………………………………(Name) Member No ………………… of the ….......................................... Co-operative Society / Bank Ltd. Dated ……………………. hereby second the nomination of Shri………………………... Member No ………………. as a Candidate for election to the Board of Directors of the above Society proposed to be held on ……………………….. I also declare that the details furnished above are correct. Place: Signature of the Seconder Date: Name : DECLARATION OF THE CANDIDATE I, ……………………………………………………….(Name) Member No …………….. hereby declare that I am willing to contest as a candidate to the election to the Board of Directors of the …………………………………. Co-operative Society / Bank Ltd No............................... to be held on ……………………… I may also declare that I have no disqualification under the Kerala Co-operative Societies Act, Rules and bye-laws of the Society to be elected to the Board of Directors of the above Society. Place: Signature of the Candidate Date: Name DECLARATION OF THE CANDIDATE CONTESTING TO THE SEAT RESERVED FOR SC\ST I,………………………………… (Name) Member No ……………….. hereby declare that I am included in…………………………………… (caste)………………………………….(religion) and I am qualified to contest for election in the seat reserved for the SC\ST candidate to the election to the Board of Directors / Representative General Body of the …................................. Co-operative Society / Bank proposed to be held on ………………………….. Place: Signature of the Candidate Date: Name To be filled by the Returning Officer: Sl No……………….. This nomination paper was filed by Shri candidate/proposer/seconder before me at ……………………….(time) on …………………. Co-operative Society / Bank proposed to be held on ………………………….. Place: Signature of the Candidate Date: Name To be filled by the Returning Officer: Sl No……………….. This nomination paper was filed by Shri candidate/proposer/seconder before me at ……………………….(time) on …………………. (date) Place: Date: Returning Officer ORDER PASSED BY THE RETURNING OFFICER AT THE TIME OF SCRUTINY OF THE NOMINATION PAPER I have examined the nomination paper as per the provisions of the Kerala Co-operative Societies Act / Rules and bye-laws of the Society and my decision is noted below. …............................................. …............................................. ….............................................. Place: Date: Returning Officer 11. Form No.36 would indicate that the declaration given as the third declaration is one relating to willingness to contest as a candidate to the Election. The fourth declaration is meant for candidates contesting to seats reserved for SC / ST. The fourth declaration is intended to ensure that the candidates submitting the nomination is entitled and qualified to contest Election against a reserved vacancy. 12. The arguments of the Counsel for the petitioner is that Rule 35A contemplates only giving of “a declaration”. The petitioner has given a declaration. I am afraid such a proposition cannot be legally accepted for the reason that Rule 35A(6)(b) clearly states that the nomination paper shall contain a declaration signed by the candidate to the effect that he is willing to stand for Election. The thrust and requirement of the rule is the expression of willingness to stand for Election. The most important requirement while nominating a candidate to contest in Elections is his willingness to stand for Election. The law makers decided that expression of such willingness must be unconditional and unequivocal and prescribed a specific form for the said purpose. The declaration given by the petitioner does not contain such an expression of willingness. 13. In the afore circumstances, I do not find any illegality in rejection of the nomination submitted by the petitioner. The writ petition fails and it is accordingly dismissed.