Dismissed

K.Gopinathan Nair v. Paranthal Ksheerolpadaka Co-Operative Society Ltd.

Kerala HC16 Mar 2021WP(C)/3160/2021

Case brief

AI extract

What is this about?

The Court considered several writ petitions concerning the election of the Paranthal Co-operative Society. It observed that the election had taken place and the margin of victory was substantial. Consequently, the petitions were found to no longer survive and were closed, with applicable interim directions revoked.

What did the court decide?

Writ petitions closed; interim directions revoked.

K.Gopinathan Nair Vs Paranthal Ksheerolpadaka Co-Operative… — Election Law | Kerala HC (2021)

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W.P.(C) No.5284/2021

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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 SUNIL THOMAS

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TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

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WP(C).No.3160 OF 2021(T)

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PETITIONER:

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K.GOPINATHAN NAIR AGED 61 YEARS S/O. KESHAVAN NAIR, NARIYARATHU THAZHEMURI, MANNAM NAGAR P.O, PIN - 689501.

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BY ADVS. SRI.B.RENJITHKUMAR SMT.CLARA SHERIN FRANCIS

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RESPONDENTS:

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1 PARANTHAL KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD. NO. PT.12(D) APCOS, REPRESENTED BY ITS SECRETARY , PARANTHAL P.O, PIN - 689518.

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2 THE ELECTORAL OFFICER PARANTHAL KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD, NO. PT 12(D) APCOS, PARANTHAL P.O, PIN - 689518, (DIARY EXTENSION OFFICER, PANDALAM BLOCK, PANDALAM, PIN - 689501)

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3 ADDL.R3 THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION CO.BANK TOWERS,VIKAS BHAVAN P.O THIRUVANANTHAPURAM695033 IS IMPLEADED AS PER ORDER DATED 08.02.2021 IN IA 1/2021 IN WP(C) 3160/2021

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R1 BY ADV. SRI.GEORGE POONTHOTTAM (SR.) R1 BY ADV. SMT.NISHA GEORGE S.C.ADV.LAKSHMI NARAYAN GOVT.PLADER SRI.BIMIL K.NATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2021, ALONG WITH WP(C).3893/2021(J), WP(C).5284/2021(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.5284/2021

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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 SUNIL THOMAS

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TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942 WP(C).No.3893 OF 2021(J)

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PETITIONER:

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THE MANAGING COMMITTEE THE PARANTHAL KSHEEROLPADAKA CO-OPERATIVE SOCIETYLIMITED NO.PT 12(D0, APCOS, PARANTHAL P.O., PANDALAM, PATHANAMTHITTA DISTRICT, PIN CODE 689 501 REP.BY ITS PRESIDENT.

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BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SRI.ARUN CHANDRAN SMT.NISHA GEORGE

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RESPONDENT:

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1 THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM 695 033, REP.BY ITS SECRETARY.

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2 THE DEPUTY DIRECOTR OFFICE OF THE DIARY DEVELOPMENT DEPUTY DIRECTOR, 3RD FLOOR, CLOOECTORATE, PATHANAMTHITTA DISTRICT 689 645

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3 THE ELECOTAL OFFICER/DIARY DEVELOPMENT OFFICER (PANDALAM), THE PARANTHAL KSHEEROLPADAKA COOPERATIVE SOCIETY LIMITED NO.PT 12(D0, APCOS, PARANTHAL P.O., PANDALAM, PATHANAMTHITTA DISTRICT, PIN CODE 689 501

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4 THE RETURNING OFFICER/DIARY FARM INSTRUCTOR (A UNIT, PANDALAM), THE PARANTHAL KSHEEROLPADAKA COOPERATIVE SOCIETY LIMITED NO.PT 12(D0, APCOS, PARANTHAL P.O., PANDALAM, PATHANAMTHITTA DISTRICT, PIN CODE 689 501

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5 SREEDHARAN PILLAI S/O.KRISHNA PILLAI, MEMBER NO.376, THE PARANTHAL KSHEEROLPADAKA COOPERATIVE SOCIETY LIMITED NO.PT 12(D0, APCOS, PARANTHAL P.O., PANDALAM,

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W.P.(C) No.5284/2021

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PATHANAMTHITTA DISTRICT, PIN CODE 689 501

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6 NIRMALA

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W/O.PRASANNAN, MEMBER NO.377, THE PARANTHAL KSHEEROLPADAKA COOPERATIVE SOCIETY LIMITED NO.PT 12(D0, APCOS, PARANTHAL P.O., PANDALAM, PATHANAMTHITTA DISTRICT, PIN CODE 689 501

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7 JAYAKUMARI

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W/O.VASUDEVAN PILLAI, MEMBER NO.378, THE PARANTHAL KSHEEROLPADAKA COOPERATIVE SOCIETY LIMITED NO.PT 12(D0, APCOS, PARANTHAL P.O., PANDALAM, PATHANAMTHITTA DISTRICT, PIN CODE 689 501

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8 RADHAMANI AMMA

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W/O.NARAYANA KURUP, MEMBER NO.380, THE PARANTHAL KSHEEROLPADAKA COOPERATIVE SOCIETY LIMITED NO.PT 12(D0, APCOS, PARANTHAL P.O., PANDALAM, PATHANAMTHITTA DISTRICT, PIN CODE 689 501

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9 SASIDHARAN G.

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S/O.GOPALAN, MEMBER NO.391, THE PARANTHAL KSHEEROLPADAKA COOPERATIVE SOCIETY LIMITED NO.PT 12(D), APCOS, PARANTHAL P.O., PANDALAM, PATHANAMTHITTA DISTRICT, PIN CODE 689 501

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10 BINDU ANIL

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W/O.ANIL, MEMBER NO.392, THE PARANTHAL KSHEEROLPADAKA COOPERATIVE SOCIETY LIMITED NO.PT 12(D0, APCOS, PARANTHAL P.O., PANDALAM, PATHANAMTHITTA DISTRICT, PIN CODE 689 501

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11 VISWAMBHARAN

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S/O.GOVINDAN, MEMBER NO.371, THE PARANTHAL KSHEEROLPADAKA COOPERATIVE SOCIETY LIMITED NO.PT 12(D0, APCOS, PARANTHAL P.O., PANDALAM, PATHANAMTHITTA DISTRICT, PIN CODE 689 501

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12 K.VIJAYAN

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S/O.RAMAN, MEMBER NO.375, THE PARANTHAL KSHEEROLPADAKA COOPERATIVE SOCIETY LIMITED NO.PT 12(D0, APCOS, PARANTHAL P.O., PANDALAM, PATHANAMTHITTA DISTRICT, PIN CODE 689 501

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13 KUTTY S/O.SASI, MEMBER NO.383, THE PARANTHAL KSHEEROLPADAKA COOPERATIVE SOCIETY LIMITED NO.PT 12(D0, APCOS, PARANTHAL P.O., PANDALAM, PATHANAMTHITTA DISTRICT, PIN CODE 689 501

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R6-7 BY ADV. SRI.P.N.MOHANAN

W.P.(C) No.5284/2021

OTHER PRESENT:

SC SRI.R.LAKSHMI NARAYAN, SR.GP K.P HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2021, ALONG WITH WP(C).3160/2021(T), WP(C).5284/2021(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.5284/2021

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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 SUNIL THOMAS

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TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

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WP(C).No.5284 OF 2021(I)

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PETITIONERS:

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THE MANAGING COMMITTEE, THE PARANTHAL KSHEEROLPADAKA CO-OPERATIVE SOCIETYLIMITED NO.PT 12(D), APCOS, PARANTHAL P.O., PANDALAM, PATHANAMTHITTA DISTRICT, PIN CODE 689 501 REP.BY ITS PRESIDENT.

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BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE SRI.VISHNU B.KURUP

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RESPONDENT:

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1 THE STATION HOUSE OFFICER PANDALAM POLICE STATION, PANDALAM P.O., PATHANAMTHITTA 689 501

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2 THE DEPUTY SUPERINTENDENT OF POLICE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, ADOOR P.O., PATHANAMTHITTA 691 523

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3 THE RETURNING OFFICER PARANTHAL KSHEEROLPADAKA CO-OPERATIVE SOCIETYLIMITED NO.PT 12(D), APCOS, PARANTHAL P.O., PANDALAM, PATHANAMTHITTA DISTRICT 689 501

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4 GOPINATHAN NAIR NARIYARATH THAZHETHIL, PERUMPULIKAL, PARANTHAL P.O., PATHANAMTHITTA DISTRICT 689 501

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5 THE ELECTORAL OFFICER PARANTHAL KSHEEROLPADAKA CO-OPERATIVE SOCIETYLIMITED NO.PT 12(D), APCOS, PARANTHAL P.O., PANDALAM, PATHANAMTHITTA DISTRICT, PIN CODE 689 501

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2021, ALONG WITH WP(C).3160/2021(T), WP(C).3893/2021(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.5284/2021

JUDGMENT

[ WP(C).3160/2021, WP(C).3893/2021, WP(C).5284/2021 ] Dated this the 16th day of March 2021

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When the matters were taken up, it was submitted by the learned counsel

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for the writ petitioner in W.P.(C) No.3160/2021 that the petitioner does not propose to pursue the writ petition. This is recorded.

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Regarding W.P.(C) No.5284/2021 & 3893/2021, it was submitted by the learned standing counsel for the election commission as well as other respondents that election took place and the difference in votes of the successful candidate with the next lowest was more than 20 votes. Hence, votes separately cast by the writ petitioners and kept in a separate ballot box does not appear to have made any differences in the outcome of election.

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Having considered the above, the writ petitions do not survive any longer and are liable to be closed, reserving the right of the petitionerS to challenge the election result , if any, in accordance with the law.

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The directions that duly elected committee shall take any policy decision until further orders from this Court and the results will be subject to the decision of this Court, will not survive any longer and are revoked.

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The writ petitions are closed accordingly.

Sd/-

SUNIL THOMAS

dpk

JUDGE

W.P.(C) No.5284/2021

dpkAPPENDIX OF WP(C) 3160/2021

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE OBJECTION DATED 1.2.2021 SUBMITTED BY THE PETITIONER TO THE 2ND

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EXHIBIT P2 TRUE COPY OF THE FINAL VOTERS LIST DATED 3.2.2021 PUBLISHED BY THE 2ND RESPONDENT

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W.P.(C) No.5284/2021

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APPENDIX OF WP(C) 3893/2021

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF THE BYELAWS OF THE PETITIONER SOCIETY. EXHIBIT P2 TRUE COPY OF THE RELEVANT PROVISION OF THE BYE-LAWS OF THE PETITIONER SOCIETY ENABLING THE SOCIETY TO ISSUED MEMBERSHIPS. EXHIBIT P3 TRUE COPY OF THE ELECTION NOTIFICATION NO.E(2)4464/2020/S.C.E.C DATED 23.12.2.2020 EXHIBIT P4 TRUE COPY OF THE PRELIMINARY LIST OF VOTERS PUBLISHED ON 25.1.2021. EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS NO.C/2579/2020 DATED 22.1.2021 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE FINAL LIST OF VOTERS' PUBLISHED ON 3.2.2021. EXHIBIT P7 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PRESIDENT OF THE SOCIETY DATED 2.2.2021. EXHIBIT P8 TRUE COPY OF THE DECISION OF THE MANAGING COMMITTEE OF THE PETITIONER SOCIETY DATED 18.7.2014.

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W.P.(C) No.5284/2021

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APPENDIX OF WP(C) 5284/2021

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ELECTION NOTIFICATION NO.E(2)4464/2020S.C.E.C. DATED 23.12.2020 ISSUED BY THE STATE CO-OPERATIVE ELECTION COMMISSION

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EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 27.2.2021 SUBMITTED BEFORE THE 1ST RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 27.2.2021 ISSUED FROM THE PANDALAM POLICE STATION.

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EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE MANAGING COMMITTEE BEFORE THE CIRCLE INSPECTOR OF POLICE DATED 26.2.2021 ALONG WITH ACKNOWLEDGEMENT RECEIPT.

K.Gopinathan Nair v. Paranthal Ksheerolpadaka Co-Operative Society Ltd.

Case brief

What is this about?

What did the court decide?

K.Gopinathan Nair v. Paranthal Ksheerolpadaka Co-Operative Society Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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