Kerala High Court
Raveendran Pillai vs State Co-Operative Election ... on 29 July, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 29TH DAY OF JULY 2019 / 7TH SRAVANA, 1941
WP(C).No.20342 of 2019
PETITIONER:
RAVEENDRAN PILLAI,
AGED 67 YEARS
PUTHUKULATHU VEEDU, KOIKKAL MURI, EAST KALLADA
VILLAGE, KOLLAM.
BY ADVS.
SRI.B.S.SWATHY KUMAR
SRI.HARISANKAR N UNNI
RESPONDENTS:
1 STATE CO-OPERATIVE ELECTION COMMISSION,
3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN,
THIRUVANANTHAPURAM-695 033.
2 THE ELECTORAL OFFICER/ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES(G), KOLLAM,
ELECTION TO THE MANAGING COMMITTEE OF THE EAST
KALLADA SERVICE CO-OPERATIVE BANK LTD.NO.3748, EAST
KALLADA P.O., KOLLAM-691 502.
3 THE RETURNING OFFICER/UNIT INSPECTOR, KALLADA,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES(G), KOLLAM., ELECTION TO THE MANAGING
COMMITTEE OF THE EAST KALLADA SERVICE CO-OPERATIVE
BANK LTD.NO.3748, EAST KALLADA P.O., KOLLAM-691 502.
4 EAST KALLADA SERVICE CO-OPERATIVE BANK LTD.NO.3748,
EAST KALLADA P.O., KOLLAM-691 502, REPRESENTED BY ITS
SECRETARY.
SRI.R.LAKSHMI NARAYAN-SC, SRI.S.JUSTUS-R4,
SMT.C.S.SHEEJA-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20342 of 2019
2
JUDGMENT
The petitioner, who claims to be a member of the 4 th respondent-Society, has filed this writ petition alleging that his objections against the preliminary Voters List, prepared by the Electoral Officer for elections to the Managing Committee of the said Society has not been considered; and that consequently, 197 ineligible persons have been now included in the Final Voters List.
2. The petitioner says that his objections to the Preliminary Voters List, namely Ext.P3, was preferred in time and therefore, that the Electoral Officer was obligated to consider it and issue necessary orders in terms of law. He, therefore, prays that the elections scheduled by the Election Commission on 02.08.2019, through Ext.P2 notification, be directed to be deferred. Alternatively, he prays that the votes of these 197 members be directed to be cast in a separate ballot box, so as to enable him to invoke his remedies in law after the elections are over.
3. Sri.R.Lakshmi Narayan, the learned Standing Counsel appearing for the Election Commission submits that he does not stand in the way of the alternative prayer afore made by the WP(C).No.20342 of 2019 3 petitioner but points out that Ext.P3 has been preferred by the petitioner not to the Electoral Officer but only to the Returning Officer. He says, therefore, that the allegation that the same was not considered by the Electoral Officer cannot be found to be correct. He asserts that, in any event of the matter, the petitioner cannot seek that the processes of election be interdicted by this Court at this stage and that he must invoke his alternative remedies, if he is so advised.
4. The learned counsel appearing for the 4 th respondent, affirms most of the submissions of Sri.R.Lakshmi Narayan, adding that the attempt of the petitioner is only to have the elections to be stopped one way or the other. He says, therefore, that this writ petition may not be entertained by this Court while acting under Article 226 of the Constitution of India.
5. I find substantial force in the submissions of Sri.R.Lakshmi Narayan and I am certain that this Court cannot enter into the contentions of the petitioner relating to the Voters List when the election process is underway, being guided by the judgment of the Hon'ble Supreme Court in Shri.Sant Sadguru v. State of WP(C).No.20342 of 2019 4 Maharashtra and Others [2001(8) SCC 509].
6. I am therefore of the view that the prayer of the petitioner to the limited extent of directing the votes of the 197 members, objected by him, be cast in a separate box be allowed; however, without in any manner disturbing the declaration of the results of the elections.
Resultantly, I direct the Returning Officer-the 3rd respondent herein, to allow the members mentioned by the petitioner in Ext.P4 to cast their votes only in a separate ballot box and to count it separately but to declare elections as per law taking into account the said votes also after the elections are over. The petitioner, on his part may, will at liberty to invoke his alternative remedies against the election process, if he is so advised, based on the afore arrangement.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE SVP WP(C).No.20342 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE NOTIFICATION NO.01/668/2019/E(2)SCEC DATED 29.06.2019.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10.07.2019.
EXHIBIT P4 TRUE COPY OF THE LIST OF INELIGIBLE MEMBERS OF THE 4TH RESPONDENT.
RESPONDENT'S EXHIBITS : NIL //TRUE COPY// Sd/-
PA TO JUDGE