Kerala High Court
Varkala Malsya Thozhilali Vikasana ... vs State Co-Operative Election ... on 10 December, 2014
Author: Antony Dominic
Bench: Antony Dominic, Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY,THE 16TH DAY OF DECEMBER 2014/25TH AGRAHAYANA, 1936
WA.No. 1889 of 2014 () IN WP(C).31449/2014
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AGAINST THE ORDER/JUDGMENT IN WP(C) 31449/2014 of HIGH COURT OF KERALA
DATED 10-12-2014
APPELLANT(S)/PETITIONERS:
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1. VARKALA MALSYA THOZHILALI VIKASANA SKHEMA
SAHAKARANA SANGOM NO.(F) T 197
VARKALA P.O., THIRUVANANTHAPURAM-695141
REPRESENTED BY ITS SECRETARY.
2. F.NAHAS
PRESIDENT
VARKALA MALSYA THOZHILALI VIKASANA SKHEMA SAHAKARANA
SANGOM NO.(F) T 197
VARKALA P.O., THIRUVANANTHAPURAM-695141.
3. ANCHUTHENGU MALSYA THOZHILALI VIKASANA
SKHEMA SAHAKARANA SANGOM NO.DF(T)26/92
ANCHUTHENGU, THIRUVANANTHAPURAM-695308
REPRESENTED BY ITS SECRETARY.
4. C.PIOUS
PRESIDENT
ANCHUTHENGU MALSYA THOZHILALI VIKASANA SKHEMA
SAHAKARANASANGOM NO.DF(T)26/92
ANCHUTHENGU, THIRUVANANTHAPURAM -695308.
BY ADVS.SRI.GOPALAKRISHNA KURUP(SR)
SRI.P.N.SUKUMARAN
SRI.T.B.HOOD
RESPONDENT(S)/RESPONDENTS:
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1. STATE CO-OPERATIVE ELECTION COMMISSION
CO-BANK TOWERS, VIKAS BHAVAN POST
THIRUVANANTHAPURAM-695033.
2. DIRECTOR OF FISHERIES
REGISTRAR OF FISHERIES CO-OPERATIVE SOCIETIES,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.
WA NO.1889/14 -2-
3. JOINT DIRECTOR OF FISHERIES (SOUTH ZONE)
KAMALESWARAM, MANACAUD P.O.
THIRUVANANTHAPURAM-695009.
4. ELECTORAL OFFICER
APPOINTED FOR CONDUCT OF ELECTION TO THE KERALA STATE
CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LIMITED
(MATSYAFED)
OFFICE JOINT DIRECTOR OF FISHERIES (SOUTH ZONE)
KAMALESWARAM, MANACAUD P.O.
THIRUVANANTHAPURAM-695009.
5. RETURNING OFFICER
APPOINTED FOR CONDUCT OF ELECTION TO THE KERALA STATE
CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LIMITED
(MATSYAFED)
OFFICE ASSISTANT DIRECTOR OF FISHERIES (SOUTH ZONE)
KAMALESWARAM, MANACAUD P.O.
THIRUVANANTHAPURAM-695009.
6. KERALA STATE CO-OPERATIVE FEDERATION
FOR FISHERIES DEVELOPMENT LIMITED (MATSYAFED)
MATSYA BHAVAN, KAMALESWARAM, MANACAUD
THIRUVANANTHAPURAM-695009
REPRESENTED BY ITS MANAGING DIRECTOR.
R6 BY ADV. SRI.GEORGE POONTHOTTAM, SC,MATSYAFED
R2 TO R5 BY SPL.GOVERNMENT PLEADER SRI.D.SOMASUNDARAM
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16-12-2014, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & ANIL K. NARENDRAN, JJ.
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Writ Appeal No. 1889 of 2014
====================
Dated this the 16th day of December, 2014
J U D G M E N T
Antony Dominic, J.
This appeal is filed against the judgment of the learned single Judge dismissing WP(C) No.31449/14. The main contention raised by the appellants in the writ petition filed by them was that the societies mentioned in the Annexure to Ext.P3 objection filed by them are societies, which are either under liquidation or are defunct and that therefore, the inclusion of those societies in the voters list published for the election to the Managing committee of the 6th respondent society is illegal and that, the election scheduled should also be held illegal.
2. When the writ appeal came up for admission before this Court on 12/12/14, learned counsel appearing for the 6th respondent submitted that none of the societies, which are pointed out by the appellants, had applied for issue of ID cards for the election that was scheduled on 14/12/14. It is also confirmed by the learned special Government Pleader appearing for the official respondents that none of such societies have exercised their voting right in the election that W.A.No.1889/14 : 2 :
was held. In such circumstances, it is unnecessary for us to go into the merits of the contentions now raised.
3. However, we do take note of the submission made by the learned counsel for the appellants that, to his instructions, some of the liquidated and defunct societies had exercised their voting rights. In our view, since it is a disputed question and as this contention involves a factual controversy, even if the appellants have such a case, their remedy against the election held is in a proceedings under Section 69 of the Kerala Co- operative Societies Act.
In such circumstances, we close the writ appeal leaving open the contentions and also the remedy of the appellants under Section 69 of the Kerala Co-operative Societies Act to impugn the election that is held on 14/12/14.
Sd/-
ANTONY DOMINIC JUDGE Sd/-
ANIL K. NARENDRAN JUDGE Rp //True Copy// PA to Judge