Yousuf C vs The Vellamunda Servce Co-Operative ... on 20 September, 2019

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Kerala High Court

Yousuf C vs The Vellamunda Servce Co-Operative ... on 20 September, 2019

Bench: Devan Ramachandran

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941

                         WP(C).No.24992 OF 2019


PETITIONER/S:

                YOUSUF C, AGED 47 YEARS
                S/O.KUNJU ABDULLA HAJI, CHIKILSA HOUSE,
                VELLAMUNDA.P.O., WAYANAD-670731.

                BY ADV. SRI.PHIJO PRADEESH PHILIP

RESPONDENT/S:

      1         THE VELLAMUNDA SERVCE CO-OPERATIVE BANK LIMITED,
                NO.C-530, KATTAYAD.P.O., VELLAMUNDA,
                REPRESENTED BY ITS SECRETARY-670731.

      2         THE SECRETARY, VELLAMUNDA SERVICE CO-OPERATIVE
                BANK LTD.NO.C-530, KATTAYAD.P.O.,
                VELLAMUNDA-670731.

      3         THE ASSISTANT REGISTRAR, SERVICE CO-OPERATIVE
                DEPARTMENT, MANATHAVADY.P.O., WAYANAD-670645.

      4         THE RETURNING OFFICER, VELLAMUNDA SERVICE CO-
                OPERATIVE BANK LTD.NO.C-530, KATTAYAD.P.O.,
                VELLAMUNDA-670731. (INSPECTOR OF CO-OPERATIVE
                SOCIETY, PANAMARAM UNIT, PANAMARAM).

      5         THE KERALA STATE CO-OPERATIVE ELECTION
                COMMISSION, PATTOM, REPRESENTED BY ITS
                SECRETARY, THIRUVANANTHAPURAM-695001.

                BY ADV. SMT.C.S.SHEEJA-SR.GP,
                SRI.R.LEKSHMI NARAYAN-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 24992/19
                                   2


                               JUDGMENT

The petitioner claims to be a Class A member of the 1st respondent-Co-operative Society and alleges that his nomination, for contesting in the elections to the Managing Committee of the Society scheduled to be held on 22.09.2019, was rejected on 07.09.2019 illegally merely for the reason that the person who proposed his name does not figure in the Final Voters' List. He, thereafter, as a corollary contention, alleges that several persons, including his proposer have been removed from the Final Voters' List, namely Ext.P6, illegally and therefore, that the Election Commission be directed to publish a Fresh Voters' List and to subsequently re-do the process of election through a new notification.

2. In answer to the afore submissions made by Sri.Phijo Pradeesh Philip-learned counsel for the petitioner, the learned Standing Counsel for the Election Commission-Sri.R.Lakshmi Narayan, WPC 24992/19 3 submits that the petitioner has chosen to approach this Court only today when he is fully aware that the election is scheduled to be held on 22.09.2019 and that if the petitioner had any tenable cause, he ought to have approached the Election Commission soon after his nomination had been rejected, but that he has chosen to wait for more than 12 days thereafter before filing this Writ Petition. He further submits that as regards the Final Voters' List is concerned, no complaints have been received by any of the official respondents until now and that even the persons, who are alleged to have been removed illegally, have not chosen to approach this Court either in this Writ Petition or in another one. He, therefore, says that the allegations of the petitioner are merely speculative in nature and are intended only to support this nomination, which was preferred through a non-existing member.

WPC 24992/19

3. I have considered the afore submissions and also gone through the pleadings on record.

4. As I have already indicated above, elections to the Managing Committee of the Society is scheduled to be held on 22.09.2019 and going by the judgment of the Hon'ble Supreme Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha v. State of Maharashtra [(2001) SCC 509], it will be impossible for this Court to intervene in the process at this stage.

5. That apart, I find force in the submissions of Sri.R.Lakshmi Narayan that the petitioner has chosen to wait for more than one month after Ext.P6 Voters List had been published and for more than 12 days after his nomination had been rejected, to file this Writ Petition. Consequently, the attempt on his part to impugn the election processes at this belated hour does not appear, prima facie, to be WPC 24992/19 5 bonafide or worthy of the favour of this Court.

In the afore circumstances, I dismiss this Writ Petition at the threshold; however, reserving full liberty to the petitioner to invoke his alternative statutory remedies after the election processes are over, in terms of law.

Sd/-


                                           DEVAN RAMACHANDRAN
      RR                                          JUDGE
 WPC 24992/19
                                 6


                            APPENDIX
      PETITIONER'S/S EXHIBITS:

      EXHIBIT P1        TRUE COPY OF RECEIPT ISSUED BY THE

4TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED NIL ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF RELEVANT PAGES OF THE PASS BOOK OF SMT.SULAIKHA.P.V. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE LOAN PASS BOOK OF SMT.SULAIKHA.P.V. EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 7.9.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT.

EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF THE VOTERS LIST OF THE 1ST RESPONDENT.

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