Disposed

Maheem Kannu.M v. the State Co. Operative Election Commission

Kerala HC1 Aug 2016WP(C)/16971/2016

Case brief

AI extract

What is this about?

The writ petitioner challenged a defective voters list for a cooperative society election. The court held the petition became infructuous after the election was conducted and a petition was pending before the Arbitration Court. A direction was issued to the Arbitration Court to decide the election petition within six months.

What did the court decide?

Direction was issued to the Co-operative Arbitration Court to consider the election petition (ARC No.42/2015) within six months.

Maheem Kannu.M Vs the State Co. Operative Election Commission — Election Law | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 1ST DAY OF AUGUST 2016/10TH SRAVANA, 1938

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WP(C).No. 16971 of 2016 (V)

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PETITIONER:

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MAHEEM KANNU.M, S/O.MUHAMMED ISMAIL, A.M.K. MANZIL, NEAR ITC, PERUMALA, NEDUMANGAD, THIRUVANANTHAPURAM.

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BY ADV. SRI.P.N.MOHANAN

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RESPONDENT(S):

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1.THE STATE CO - OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM, 3RD FLOOR, CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM -695 033.

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2.ELECTORAL OFFICER TO THIRUVANANTHAPURAM DISTRICT MERCANTILE CO-OPERATIVE SOCIETY LTD.NO.T 1733, THAICAUD P.O, THIRUVANANTHAPURAM-14, THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), THIRUVANANTHAPURAM.

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3.RETURNING OFFICER TO THIRUVANANTHAPURAM DISTRICT MERCANTILE CO-OPERATIVE SOCIETY LTD.NO.T 1733, THAICAUD P.O, THIRUVANANTHAPURAM-14, THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), THIRUVANANTHAPURAM.

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4.THIRUVANANTHAPURAM DISTRICT MERCANTILE CO-OPERATIVE SOCIETY LTD.NO.T 1733, THAICAUD P.O, THIRUVANANTHAPURAM-14, REPRESENTED BY ITS SECRETARY.

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5.JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM - 695 001.

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WP(C).No. 16971 of 2016 (V)

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*ADDL. R6 IMPLEADED

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6. CO-OPERATIVE ARBITRATION COURT, REPRESENTED BY SECRETARY, THIRUVANANTHAPURAM - 695 001.

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ADDL. R6 IS IMPLEADED AS PER ORDER DATED 01.08.2016 IN IA.10785/2016

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R1 TO R3, R5 & R6 BY GOVT. PLEADER SRI.G.GOPAKUMAR R4 BY ADVS.SRI.D.KISHORE

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SRI.R.MURALEEKRISHNAN (MALAKKARA)

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BY SRI.MURALI PURUSHOTHAMAN, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 16971 of 2016 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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P1	:	A TRUE COPY OF THE RELEVANT PORTION OF THE BYE- LAW OF THE SOCIETY.
P2	:	A TRUE COPY OF THE ELECTION NOTIFICATION ISSUED BY THE STATE CO- OPERATIVE ELECTION COMMISSION.
P3	:	A TRUE COPY OF THE OBJECTION DATED 18.4.2016 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.
P4	:	A TRUE COPY OF THE FINAL VOTERS LIST PUBLISHED BY THE SECOND RESPONDENT.
P5	:	A TRUE COPY OF THE DECISION REPORTED IN 1994(1) KLT 828.
P6	:	A TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.
P7	:	A TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.
P8	:	A TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT.
P9	:	A TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT.
P10	:	A TRUE COPY OF THE MODEL OF PROPERTIES DETAILS.
P11	:	A TRUE COPY OF THE ARC.NO.42/2015 BEFORE THE ARBITRATION COURT.

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RESPONDENT(S)' EXHIBITS:

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EXT.R4(A): TRUE COPY OF THE	ORDER NO.E(1)-1114/2016/SCEC
DATED 28.3.2016 O ELECTION COMMISSI	F THE STATE CO-OPERATIVE CHIEF ONER.
EXT.R4(B): TRUE COPY OF THE PUBLISHED BY THE COMMISSIONER.	ELECTION NOTIFICATION DATED 28.3.2016 STATE CO-OPERATIVE CHIEF ELECTION
EXT.R4(C): TRUE COPY OF THE BY THE ELECTROAL	COMMUNICATION DATED 11.4.2016 ISSUED OFFICER TO THE 4TH RESPONDENT.

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WP(C).No. 16971 of 2016 (V)

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EXT.R4(D): TRUE COPY OF THE FINAL VOTERS LIST HAVING 366 MEMBERS PUBLISHED ON 20.4.2016.

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EXT.R4(E): TRUE COPY OF THE VALID NOMINATION AS DECIDED BY THE RETURNING OFFICER PUBLISHED IN THE NOTICE BOARD OF THE SOCIETY.

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EXT.R4(F): TRUE COPY OF THE MINUTES REGISTER COPY DATED 30.4.2016.

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EXT.R4(G): TRUE COPY OF THE COMMUNICATION GIVEN BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

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EXT.R4(H): TRUE COPY OF THE FINAL LIST OF CANDIDATES.

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EXT.R4(I): TRUE COPY OF THE RELEVANT EXTRACT OF THE BYE-LAWS OF THE SOCIETY.

//TRUE COPY//

P.S. TO JUDGE

mbr/

SHAJI P. CHALY, J

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W.P.(C)No.16971 OF 2016

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Dated this the 1^st day of August, 2016

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J U D G M E N T

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Ext.P2 election notification was issued by the first respondent to conduct election to the fourth respondent society on 14.05.2016. It is contending

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that the voters list published is defective, this writ petition is filed. During the pendency of the writ petition, election was conducted and results were declared, consequent to which petitioner has submitted Ext.P11 election petition as ARC No.42/2016 before the Co-operative Arbitration Court, Thiruvananthapuram. Therefore, due to the developments, that took place subsequent to the filing of the writ petition, the writ petition has become infructuous. Since arbitration case is pending evident from Ext.P11 produced before this court, I think it is only appropriate that the Co-operative Arbitration Court, which is impleaded as the additional sixth

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W.P.(C)No.16971 OF 2016

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respondent is directed to take a decision on Ext.P11 within a time frame.

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Therefore, there will be a direction to the additional sixth respondent to consider Ext.P11 in accordance with law after providing sufficient opportunity of hearing to the respective parties and take a decision on the same at the earliest and at any rate within six months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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sd/-

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SHAJI P. CHALY, JUDGE

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R.AV

Maheem Kannu.M v. the State Co. Operative Election Commission

Case brief

What is this about?

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Maheem Kannu.M v. the State Co. Operative Election Commission

Case brief

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What did the court decide?

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