Kerala High Court
G.R.Ajith vs The Kerala State Co-Operative Election ... on 18 February, 2020
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941
WP(C).No.3704 OF 2020(K)
PETITIONER/S:
G.R.AJITH
AGED 45 YEARS
S/O K.GOPALA PILLAI,MEMBERSHIP NO.42102,
THE KERALA POLICE HOUSING CO-OPERATIVE SOCIETY
LIMITED NO.4348,ELAMKULAM,ERNAKULAM DISTRICT, PIN
CODE-682020,RESIDING AT MELLATTUPURATHU HOUSE,KOWDIAR
POST, THIRUVANANTHAPURAM DISTRICT,PIN CODE-695003.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SRI.ARUN CHANDRAN
SMT.NISHA GEORGE
RESPONDENT/S:
1 THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR,CO-BANK TOWERS,VIKAS BHAVAN.P.O,
THIRUVANANTHAPURAM-695033,REPRESENTED BY ITS
SECRETARY.
2 THE KERALA POLICE HOUSING CO-OPERATIVE SOCIETY
LIMITED NO.4348,
ELAMKULAM,ERNAKULAM DISTRICT,
PIN CODE-682020,REPRESENTED BY ITS SECRETARY.
3 THE PART TIME ADMINISTRATOR,
THE KERALA POLICE HOUSING CO-OPERATIVE SOCIETY
LIMITED NO.4348,
ELAMKULAM,ERNAKULAM DISTRICT,
PIN CODE-682020.
4 THE ELECTORAL OFFICER,
THE KERALA POLICE HOUSING CO OPERATIVE SOCIETY
LIMITED NO.4348,
ELAMKULAM,ERNAKULAM DISTRICT,
PIN CODE-682020.
W.P.(C).Nos.3704 & 4561 of 2020 2
5 THE RETURNING OFFICER,
THE KERALA PUBLIC HOUSING COOPERATIVE SOCIETY
LIMITED NO.4348,
ELAMKULAM,ERNAKULAM DISTRICT,
PIN-682020.
R1 BY ADV. SRI.R.LAKSHMI NARAYAN
R2-3 BY ADV. SRI.P.C.SASIDHARAN
R4-5 BY SR.GP SRI.BIMAL K.NATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.02.2020, ALONG WITH WP(C).4561/2020, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.3704 & 4561 of 2020 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941
WP(C).No.4561 OF 2020(U)
PETITIONER/S:
1 SUGUNAN A.P
AGED 48 YEARS
S/O PADMANABHAN A.A, MEMBER NO.22386, THE KERALA
POLICE HOUSING CO-OPERATIVE SOCIETY LTD, NO 4348,
ELAMKULAM, KOCHI-20, RESIDING AT ATTIPPETTIPARAMBIL
HOUSE, NARAKKAL, ERNAKULAM DISTRICT.
2 VINOD JOSEPH,
AGED 44 YEARS
S/O P.M.JOSEPH, MEMBER NO 33099, THE KERALA POLICE
HOUSING CO-OPERATIVE SOCIETY LTD NO4348,ELAMKULAM,
ERNAKULAM,KOCHI-20, RESIDING AT PONPARAKKAL HOUSE,
PAYYAMPALLY P.O,WAYANAD DISTRICT.
3 NAZIMUDDIN A,
AGED 40 YEARS
S/O ASUFAR KUNJU, MEMBER NO 61633, THE KERALA
POLICE HOUSING CO-OPERATIVE SOCIETY LTD
NO4348,ELAMKULAM, ERNAKULAM,KOCHI-20, RESIDING AT
PARAVILA VEEDU, ANCHAL P.O.KOLLAM-691 306.
4 PREETH R.S
AGED 40 YEARS
S/O RAJAS Y, MEMBER NO 38914, THE KERALA POLICE
HOUSING CO-OPERATIVE SOCIETY LTD NO4348,ELAMKULAM,
ERNAKULAM,KOCHI-20, RESIDING AT GRACE VILLA,
CHIRAYKKAKODE, VELLANIKKARA P.O.THRISSUR.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SRI.ARUN CHANDRAN
SMT.NISHA GEORGE
W.P.(C).Nos.3704 & 4561 of 2020 4
RESPONDENT/S:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O.
THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS
SECRETARY
2 THE RETURNING OFFICER,
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
(PLANNING) THE KERALA POLICE HOUSING CO-OPERATIVE
SOCIETY LTD. NO 4348, ELAMKULAM, ERNAKULAM
DISTRICT-682 020.
3 THE ELECTORAL OFFICER,
DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES,KOTTAYAM,THE KERALA POLICE HOUSING CO-
OPERATIVE SOCIETY LTD. NO 4348, ELAMKULAM,
ERNAKULAM DISTRICT-682 020.
4 THE KERALA POLICE HOUSING CO-OPERATIVE SOCIETY LTD
NO 4348,ELAMKULAM, ERNAKULAM DISTRICT-682 020,
REPRESENTED BY ITS SECRETARY.
R1 BY ADV. SRI.R.LAKSHMI NARAYAN
R4 BY ADV. SRI.P.C.SASIDHARAN
R2-3 BY SR.GP SRI.BIMAL K.NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2020,ALONG WITH WP(C).3704/2020(K), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.3704 & 4561 of 2020 5
JUDGMENT
As both these writ petitions involve a common issue, they are taken up for consideration together and disposed by this common judgment. For the sake of convenience, the reference to facts and exhibits is from W.P. (C).No.3704 of 2020.
2. The petitioners in both these writ petitions are stated to be members of the Kerala Police Housing Co-operative Society Ltd. No.4348 It is their case in the writ petitions that the term of the managing committee of the society expired on 13.09.2019 and the election that is notified to the managing committee of the society by the Kerala State Co-operative Election Commission is attempted to be conducted by the 3rd respondent Part-time Administrator of the society, who has initiated a process of issuing new identity cards to enable the members of the society to exercise their votes in the forthcoming election. The objections of the petitioners herein are three fold. Firstly, it is contended that the final voters' list that was prepared by the Electoral Officer contains the names of various persons, who are ineligible to be enlisted in the final voters' list. It is in particular stated that the final voters' list contains the names of many persons, who had either retired from service or have otherwise ceased to be members of the respondent society. Secondly, it is contended that the action of the 3 rd respondent in directing the members to collect new identity cards in Form-6A from the office of the 3rd respondent, in order to enable them to cast their votes in the ensuing election, is contrary to the mandate of the Co- W.P.(C).Nos.3704 & 4561 of 2020 6 operative Societies Rules, which insists that identity cards have to be issued based on the details of the members as entered in the Form-6B Register. It is in particular pointed out that the identity cards now proposed to be issued contain particulars that are at variance with the details of the said members as entered in the Form-6B Register. Thirdly, it is contended that the notification issued by the State Co-operative Election Commission directs that, while the polling is to be conducted at various locations within the State, the counting of votes will be done only at Ernakulam, the place where the Headquarters of the society is situated, three days after the date of polling. My attention is drawn to the provisions of Rule 35A of the Co- operative Societies Rules to contend that the counting of votes has to be done simultaneous with the conclusion of the polling exercise and hence deferring the counting to three days after the completion of polling is ultra vires the statutory provisions.
3. Counter affidavits have been filed on behalf of the 3 rd respondent as also on behalf of the State Co-operative Election Commission. In the counter affidavit filed on behalf of the 2nd and 3rd respondents, it is stated that a draft voters' list was published on 24.01.2020 and the members were afforded an opportunity to submit their objections to the said draft voters' list. Although some of the objections received by the Co-operative Election Commission contained specific details regarding the discrepancies that had crept into the preparation of the draft voters' list, and the said discrepancies were taken note of and remedied by deleting the erroneous entries in the draft voters' list, most of the objections received by the Electoral Officer, including the W.P.(C).Nos.3704 & 4561 of 2020 7 objections produced along with these writ petitions, did not contain specific details with regard to any ineligible candidates having been included in the draft voters' list. Under the said circumstances, the Electoral Officer acted on the basis of information received through the objections and considered the objections with regard to entries specified in the objections, and on finding that some of the entries in the voters' list required to be deleted, consequential action was taken and a final voters' list published, after deleting the erroneous entries in the earlier draft voters' list. The draft voters' list was thus finalised, after giving adequate opportunities to the members concerned to file their objections and after a consideration of such objections. It is stated that the voters' list so finalised cannot be the subject matter of a challenge in these proceedings under Article 226 of the Constitution of India.
4. With regard to the issuance of identity cards, it is submitted that a large number of bogus identity cards were issued by the previous managing committee and the Election Commission had, by its proceedings dated 04.09.2019, specifically directed to issue voters' identity cards in accordance with the statutory provisions. It was also found by the Registrar of Co- operative Societies that one of the reasons for not permitting the previous managing committee to continue in office was that the previous managing committee had issued identity cards in the prescribed manner and that all the laminated identity cards or defective identity cards were cancelled and members were issued with proper identity cards. It was taking note of the fact that the Admission Register of members, and the identity cards issued, W.P.(C).Nos.3704 & 4561 of 2020 8 were not in accordance with the statutory provisions, and that bogus identity cards had been issued based on the improper maintenance of Registers, that the respondents thought it fit to issue fresh identity cards so as to ensure the sanctity and purity of the election process. The specific contention with regard to maintenance of the Register in Form-6B is refuted by placing reliance on the provisions of Rule 16A(1) and (3) of the Co-operative Societies Rules and pointing out that the identity cards in Form-6A and the Register in Form-6B had necessarily to be maintained in the manner contemplated under the statutory provisions. The existing forms in the society concerned were found to be not in compliance with the mandate of Rule 16A of the Co-operative Societies Rules and it was therefore, that the decision was taken to issue fresh identity cards to all the members in accordance with the statutory rules. Thirdly, as regards the contention with regard to the holding of elections at various locations but restricting the counting of votes to the place of the Headquarters of the society at Ernakulam, it is contended that the provisions of Rule 35A(6)(o) of the Co- operative Societies Rules confer ample discretion on the Returning Officer to stipulate that the counting of votes can be deferred to a stage after the culmination of the polling process. It is stated that in view of the necessity to supervise the counting process, it was thought fit to schedule the counting of votes at a common venue at Ernakulam where the Headquarters of the society is situated. In particular, it is pointed out that there is no embargo on the exercise of discretion by the Returning Officer in this regard.
5. In the statement filed on behalf of the 1 st respondent, the decision of W.P.(C).Nos.3704 & 4561 of 2020 9 the Returning Officer to schedule the counting to a later date is sought to be justified on the contention that the statutory provisions confer a discretion on the Returning Officer to defer the counting to a later date. In particular, it is stated that while the election is scheduled to 25.02.2020 in 14 districts, the counting is scheduled on 28.02.2020 at the Headquarters of the society at Ernakulam. It is stated that all arrangements have been made for the smooth conduct of the election and election materials would be sent through six special squads with two armed police personnel and two department officials, who will hand over the materials to the Assistant Returning Officer at the respective polling stations one day before the polling date. It is further submitted that immediately after the polling, the sealed ballot boxes would be handed over to the squad and the same will reach Ernakulam with armed force protection and will be kept under the safe custody of the Returning Officer with police protection. Thereafter, the counting will proceed as scheduled on 28.02.2020, in the presence of all candidates and agents and under the overall supervision of the Returning Officer. The decision of the Returning Officer to hold the counting on a deferred date is sought to be justified with reference to the provisions of Rule 35A(6)(o) of the Co-operative Societies Rules.
6. I have heard the learned senior counsel Sri.George Poonthottam, assisted by Sri.Arun Chandran for the petitioners, Sri.P.C.Sasidharan the learned counsel for the respondent society, Sri.Lakshmi Narayanan, the learned counsel for the State Co-operative Election Commission and the learned Government Pleader for the official respondents of the State. W.P.(C).Nos.3704 & 4561 of 2020 10
7. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I find that for the reasons that are aforementioned, the prayers in the writ petitions cannot be granted. The contention of the petitioners with regard to the alleged inclusion of ineligible members in the final voters' list does not merit consideration. It is not in dispute that the schedule of the election process, as notified by the Co- operative Election Commission, contained specific dates referrable to the preparation of draft voters' list, consideration of objections thereto and the preparation of the final voters' list. It is not in dispute that many objections were received to the draft voters' list and, on a consideration of the same by the Electoral Officer, the final voters' list was prepared after deleting entries that were found to be erroneously included in the draft voters' list. As regards the objections that are specifically produced in the writ petitions herein, I find that the objections are vague in nature in that they merely state that various ineligible persons were included in the draft voters' list, without pin-pointing or giving details of any particular instance of an erroneous inclusion. In my view, when an opportunity to file an objection to a draft voters' list is extended to the members of the society, it would be incumbent upon them to give particular instances of the irregularities pointed out by them in the draft voters' list. Mere vague allegations regarding erroneous entries in the draft voters' list cannot be expected to be acted upon by the Electoral Officer in the process of drawing up of a final voters' list for the purposes of the election. Secondly, as regards the non- maintenance of Form-6B Register, I find that the statutory mandate under W.P.(C).Nos.3704 & 4561 of 2020 11 Rule 16A of the Co-operative Societies Rules requires the society to issue an identity card in Form-6A and also maintain a Register in Form-6B for the purpose of issuance of the identity cards. A reading of Rule 16A(1) and 16A(3) together with the statutory prescribed forms (Form-6A and Form-6B) would indicate that the identity cards in Form-6A and a portion of the Register in Form-6B are to be generated simultaneously, and a copy of the identity cards in Form-6A handed over to the members concerned while the copy of Form-6B retained by the society concerned and compiled to form a Register. In my view, the statutory procedure envisaged under Rule 16A would ensure that there is no difference in the details entered in respect of a particular member in Form-6A and Form- 6B thereby facilitating an effective comparison with the details in either form for the purposes of ensuring the identity of a member who seeks vote in the election that is to follow. I cannot accept the contention of the learned senior counsel for the petitioner that the Register in Form-6B, as mandated in Rule 16A of the Co-operative Societies Rules, must necessarily be a bound book with entries therein recorded in chronological order/seriatum, as the case may be. I therefore, do not find any merit in the said contention of the learned senior counsel for the petitioners as regards the non-maintenance of Form-6B Register in the manner required under the statute.
8. Lastly, with regard to the contention as regards the erroneous exercise of discretion by the Election Commission in deciding the conduct of counting of votes at Ernakulam in lieu of simultaneous counting of votes at the polling locations, I find that the statutory provisions as contained in Rule W.P.(C).Nos.3704 & 4561 of 2020 12 35A(6)(o) confer a discretion on the Returning Officer concerned, to defer the counting of votes to a date later than the date of culmination of the polling process. When the statute confers a discretion on the Returning Officer, in the absence of any material to suggest that the decision of the Returning Officer/Election Commission was vitiated by mala fides or other extraneous considerations, this Court would have to defer to the wisdom of the statutory authority in the exercise of the statutorily conferred discretion.
The upshot of the above discussion is that the petitioners have not made out a case warranting interference with the election process in these proceedings under Article 226 of the Constitution of India. The writ petitions in their challenge to the actions of the respondents and seeking a cancellation of the election process fail, and are accordingly dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE okb/19.02.2020 //True copy// P.S. to Judge W.P.(C).Nos.3704 & 4561 of 2020 13 APPENDIX OF WP(C) 3704/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE BYE-
LAWS OF THE 2ND RESPONDENT SOCIETY.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 19.07.2019 ISSUED BY REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P3 TRUE COPY OF THE COMMON JUDGMENT IN W.P(C)NO.19507 OF 2019 DATED 30.07.2019 PASSED BY THIS HON'BLE COURT.
EXHIBIT P3 A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 05.08.2019 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 03.09.2019 ISSUED BY THE ELECTORAL OFFICER.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P(CIVIL)NO.24187 OF 2019 DATED 05.09.2019 EXHIBIT P6 TRUE COPY OF THE ORDER DATED 16.09.2019 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES EXHIBIT P7 TRUE COPY OF THE PAMPHLET WHICH INCLUDES FORM 6A AND FORM 6B TOGETHER ISSUED BY THE PART TIME ADMINISTRATOR.
EXHIBIT P8 TRUE COPY OF THE NOTIFICATION DATED 20.01.2020 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO THIRUVANANTHAPURAM DISTRICT.
EXHIBIT P9(A) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO KOLLAM DISTRICT.
W.P.(C).Nos.3704 & 4561 of 2020 14EXHIBIT P9(B) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO PATHANAMTHITTA DISTRICT.
EXHIBIT P9(C) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO ALAPPUZHA DISTRICT.
EXHIBIT P9(D) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO KOTTAYAM DISTRICT EXHIBIT P9(E) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO IDUKKI DISTRICT EXHIBIT P9(F) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO ERNAKULAM DISTRICT.
EXHIBIT P9(G) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO THRISSUR DISTRICT.
EXHIBIT P9(H) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO PALAKKAD DISTRICT.
EXHIBIT P9(I) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO MALAPPURAM DISTRICT.
EXHIBIT P9(J) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO KOZHIKKODE DISTRICT.
EXHIBIT P9(K) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO WAYANAD DISTRICT.
EXHIBIT P9(I) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO KANNUR DISTRICT.
EXHIBIT P9(M) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO KASARGOD DISTRICT.
W.P.(C).Nos.3704 & 4561 of 2020 15EXHIBIT P10 TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.VIDHUKUMAR.S.ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(A) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.SUGUNAN.A.P.ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(B) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.VINOD JOSEPH ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(C) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI. AMJITH K.ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(D) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.JAYAKUMAR S. ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(E) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.JINTO C.CHACKO ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(F) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.BIJU MENON ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(G) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.K.N.HARIHARAN ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(H) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.V PREETH R.S ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(I) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.ABDUL NASAR P.K. ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(J) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.SHAMS M.S. ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
W.P.(C).Nos.3704 & 4561 of 2020 16EXHIBIT P10(K) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.RAJEEV.C ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(I) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.VINOD.A ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(M) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.AKBAR ALI ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(N) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.RAMKUMAR.T.P. ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(0) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI. GEETHA.K.A ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P 10(P) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.SHIJITH K.V ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(Q) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.NAZIMUDHEEN A. ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(R) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.MATHEW P.PAUL ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(S) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.SHIJILAL S. ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(T) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.ABDUL SAMAD S. ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(U) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.SANIL KUMAR M.K. ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
EXHIBIT P10(V) TRUE COPY OF THE OBJECTION SUBMITTED BY THE ONE SRI.RANJITH.G.R. ONE OF THE MEMBERS OF THE SOCIETY TO THE ELECTORAL OFFICER.
W.P.(C).Nos.3704 & 4561 of 2020 17EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL LIST OF VOTERS PERTAINING TO THIRUVANANTHAPURAM DISTRICT.
EXHIBIT P11(A) TRUE COPY OF THE RELEVANT PAGES OF THE FINAL LIST OF VOTERS PERTAINING TO KOLLAM DISTRICT.
EXHIBIT P11(B) TRUE COPY OF THE RELEVANT PAGES OF THE FINAL LIST OF VOTERS PERTAINING TO PATHANAMTHITTA DISTRICT.
EXHIBIT P11(C) TRUE COPY OF THE RELEVANT PAGES OF THE FINAL LIST OF VOTERS PERTAINING TO ALAPPUZHA DISTRICT.
EXHIBIT P11(D) TRUE COPY OF THE RELEVANT PAGES OF THE FINAL LIST OF VOTERS PERTAINING TO KOTTAYAM DISTRICT.
EXHIBIT P11(E) TRUE COPY OF THE RELEVANT PAGES OF THE FINAL LIST OF VOTERS PERTAINING TO IDUKKI DISTRICT.
EXHIBIT P11(F) TRUE COPY OF THE RELEVANT PAGES OF THE FINAL LIST OF VOTERS PERTAINING TO ERNAKULAM DISTRICT.
EXHIBIT P11(G) TRUE COPY OF THE RELEVANT PAGES OF THE FINAL LIST OF VOTERS PERTAINING TO THRISSUR DISTRICT.
EXHIBIT P11(H) TRUE COPY OF THE RELEVANT PAGES OF THE FINAL LIST OF VOTERS PERTAINING TO PALAKKAD DISTRICT.
EXHIBIT P11(I) TRUE COPY OF THE RELEVANT PAGES OF THE FINAL LIST OF VOTERS PERTAINING TO MALAPPURAM DISTRICT.
EXHIBIT P11(J) TRUE COPY OF THE RELEVANT PAGES OF THE FINAL LIST OF VOTERS PERTAINING TO KOZHIKKODE DISTRICT.
W.P.(C).Nos.3704 & 4561 of 2020 18EXHIBIT P11(K) TRUE COPY OF THE RELEVANT PAGES OF THE FINAL LIST OF VOTERS PERTAINING TO WAYANAD DISTRICT.
EXHIBIT P11(I) TRUE COPY OF THE RELEVANT PAGES OF THE FINAL LIST OF VOTERS PERTAINING TO KANNUR DISTRICT.
EXHIBIT P11(M) TRUE COPY OF THE RELEVANT PAGES OF THE FINAL LIST OF VOTERS PERTAINING TO KASARGOD DISTRICT.
EXHIBIT P12 TRUE COPY OF THE OBJECTION SUBMITTED BYT THE PETITIONER ALONG WITH OTHER MEMBERS ON 04.02.2020.
EXHIBIT P13 TRUE COPY OF THE IDENTITY CARDS ISSUED BY THE PREVIOUS MANAGING COMMITTEE THEN IN OFFICE.
EXHIBIT P14 TRUE COY OF THE COMMUNICATION DATED 19-07- 2019 ISSUED TO THE SOCIETY BY THE REGISTRAR OF COOPERATIVE SOCIETIES.
EXHIBIT P15 TRUE COPY OF THE ELECTION NOTIFICATION DATED 04.08.2014 ISSUED BY THE STATE CO-
OPERATIVE ELECTION COMMISSIONER.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R2 A SERIES - TRUE COPY OF THE PROCEEDINGS OF THE ELECTORAL OFFICER DATED 3.2.2020 EXHIBIT R2 B TRUE COPY OF THE PROCEEDINGS DATED 4-9-2019 EXHIBIT R2 C TRUE COPY OF SUCH BLANK SIGNATURES UNEARTHED FROM THE FILE FOLDER IN THE COMPUTER OF THE HONOURARY SECRETARY.
EXHIBIT R2 D TRUE COPIES OF SOME OF THE PHOTOGRAPHS SCANNED AND MAILED IN THE FILE FOLDER IN THE COMPUTER OF THE HONORARY SECRETARY EXHIBIT R2 E SERIES-TRUE COPY OF SOME OF THE INFORMATION RECEIVED FROM THE CONTROLLING OFFICERS OF THE MEMBERS.W.P.(C).Nos.3704 & 4561 of 2020 19
EXHIBIT R2 F TRUE COPY OF SOME OF THE IDENTITY CARDS PRESENTLY ISSUED EXHIBIT R2 G SERIES - TRUE COPY OF NOTIFICATION ISSUED IN DESABHIMANI AND MATHRUBHOOMI EXHIBIT R2 H TRUE COPY OF THE EXPLANATION FROM ONE OF THE MEMBER, WHICH WAS RECEIVED ON THE REQUEST BY THE SOCIETY TO THE ENQUIRY OFFICER.
EXHIBIT R2 I SERIES - TRUE COPIES OF THE PROCEEDINGS OF THE PREVIOUS ELECTIONS, WHERE THE COUNTING IS CONDUCTED IN A CENTRALIZED CENTRE AT ERNAKULAM.
ANNEXURE R1(A)- THE PHOTOCOPY OF PROCEEDINGS DATED 3.2.2020 W.P.(C).Nos.3704 & 4561 of 2020 20 APPENDIX OF WP(C) 4561/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE BYE-
LAWS OF THE 2ND RESPONDENT SOCIETY.
EXHIBIT P2 TRUE COPY OF THE COMMON JUDGMENT IN WPC NO 19507 OF 2019 DATED 30.7 2019 PASSED BY THIS HON'BLE COURT EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 5.8.2019 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 3.9.2019 ISSUED BY THE ELECTORAL OFFICER.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 4.9.2019 ISSUED BY RESPONDENT NO 1 EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC NO 24187 OF 2019 DATED 5.9.2019 PASSED BY THIS HON'BLE COURT EXHIBIT P7 TRUE COPY OF THE ORDER DATED 16.9.2019 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P8 TRUE COPY OF THE NOTIFICATION DATED 20.1.2020 ISSUED BY THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO THIRUVANANTHAPURAM EXHIBIT P9 (A) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO KOLLAM DISTRICT.
EXHIBIT P9 (B) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO PATHANAMTHITTA DISTRICT.
W.P.(C).Nos.3704 & 4561 of 2020 21EXHIBIT P9 (C) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO ALAPPUZHA DISTRICT.
EXHIBIT P9 (D) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO IDUKKI DISTRICT.
EXHIBIT P9 (E) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO ERNAKULAM DISTRICT.
EXHIBIT P9 (F) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO THRISSUR DISTRICT.
EXHIBIT P9 (G) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO PALAKKAD DISTRICT.
EXHIBIT P9 (H) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO MALAPPURAM DISTRICT.
EXHIBIT P9 (I) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO KOZHIKODE DISTRICT.
EXHIBIT P9 (J) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO WAYANAD DISTRICT.
EXHIBIT P9 (K) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO KANNUR DISTRICT.
EXHIBIT P9 (L) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO KASARAGOD DISTRICT.
EXHIBIT P9 (M) TRUE COPY OF THE RELEVANT PAGES OF THE PRELIMINARY LIST OF VOTERS PERTAINING TO KOTTAYAM DISTRICT.
EXHIBIT P10 TRUE COPY OF THE OBJECTION DATED 1.2.2020 SUBMITTED BY THE 1ST PETITIONER TO THE ELECTORAL OFFICER.
W.P.(C).Nos.3704 & 4561 of 2020 22EXHIBIT P11 TRUE COPY OF THE OBJECTION DATED 1.2.2020 SUBMITTED BY THE 2ND PETITIONER TO THE ELECTORAL OFFICER.
EXHIBIT P12 TRUE COPY OF THE OBJECTION DATED 1.2.2020 SUBMITTED BY THE 3RD PETITIONER TO THE ELECTORAL OFFICER.
EXHIBIT P13 TRUE COPY OF THE OBJECTION DATED 1.2.2020 SUBMITTED BY THE 4TH PETITIONER TO THE ELECTORAL OFFICER.