Kerala High Court
K T Cherian vs The Joint Registrar Of Co-Operative on 19 December, 2019
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH
AGRAHAYANA, 1941
WP(C).No.33488 OF 2019(I)
PETITIONER:
K T CHERIAN, AGED 67 YEARS, S/O.THOMAS,
MEMBER, VANDANMEDU CO-OPERATIVE BANK LTD
NO.K.244, NETTITHOZHU P.O, IDUKKI-685 551,
(WITH MEMBER NO.4470), AND RESIDING AT
KUZHYCOMBIL, PUTTADI P O, PUTTADI., IDUKKI-685
551.
BY ADVS.
SRI.DIPU.R
SRI.BENHUR JOSEPH MANAYANI
SRI.K.S.BAIJU
SMT. DEVI KRIPA R.
SMT.K.P.SUSMITHA
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES(GENERAL)
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, PAINAVU, IDUKKI-685 604.
2 VANDANMEDU CO-OPERATIVE BANK LTD,
NO.244, REPRESENTED BY ITS SECRETARY,
NETTITHOZHU P O, IDUKKI-685 555.
3 THE ADMINISTRATIVE COMMITTEE,
REPRESENTED BY ITS CONVENER, VANDANMEDU CO-
OPERATIVE BANK LTD NO. K.244, NETTITHOZHU P O,
IDUKKI, PIN-685 555.
WP(C).No.33488 OF 2019(I)
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4 THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES,
UDUMBANCHOLA, OFFICE OF THE ASSISTANT
REGISTRAR, UDUMBANCHOLA, IDUKKI DISTRICT,
PIN-685 554, AND ELECTORAL OFFICER,
VANDANMEDU CO-OPERATIVE BANK LTD,
NO.K.244, NETTITHOZHU P.O, IDUKKI-685 555.
5 OFFICE INSPECTOR,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES(GENERAL) UDUMBANCHOLA,
IDUKKI DISTRICT,PIN-685 554, (THE RETURNING
OFFICER, VANDANMEDU CO-OPERATIVE BANK LTD
NO.K.244, NETTITHOZHU P O, IDUKKI-685555)
6 KERALA STATE CO-OPERATIVE ELECTION
COMMISSION,
REPRESENTED BY CHIEF CO-OPERATIVE ELECTION
COMMISSIONER, THIRUVANANTHAPURAM-695 001.
R2 BY ADV. SRI.P.C.SASIDHARAN
R7 BY ADV. P.V.BABY
MABLE C KURIEN GP
R LAKSHMINARAYAN SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.12.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.33488 OF 2019(I)
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JUDGMENT
The petitioner is the member of the 2 nd respondent - Society. According to the petitioner, persons referred in Ext.P7 are disqualified as they are residing outside the jurisdiction of the society. The petitioner appears to have raised an objection in regard to inclusion of their names in the voters list. However, the learned standing counsel for the election commission would submit that the petitioner did not appear on the date of scrutiny and after verifying the membership registry it was found that their names are borne out from the records.
2. The petitioner is free to take up the challenge in appropriate forum regarding the membership of such persons referred in Ext.P7. This Court cannot now interfere with the process now. The persons, against whom the petitioner raised objection for including in the voters list, shall be allowed to cast vote in separate ballot box. It can be counted for the declaration of the said election.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
PR JUDGE
WP(C).No.33488 OF 2019(I)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED
5.1.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE LIST OF 384 MEMBERS WHO ARE ILLEGALLY INCLUDED AS MEMBERS OF THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 6.3.2019 IN WP(C) NO. 3676/2019.
EXHIBIT P4 TRUE COPY OF THE COPY OF THE JUDGMENT DATED9.8.2019 IN WP(C) NO. 19019/2019. EXHIBIT P5 TRUE COPY OF THE NOTIFICATION WITH NO.01/1717/2019/E(1), SCEC, DATED 7.11.19.
EXHIBIT P6 TRUE COPY OF THE ORDER WITH NO.01/1717/2019/E(1) SCEC, DATED 7.11.2019.
EXHIBIT P7 TRUE COPY OF THE OBJECTION DATED 22.11.2019 ALONG WITH LIST SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE FINAL VOTERS LIST OF 2ND RESPONDENT.