This single judge order dismissed a writ petition challenging the election notification and voter's list of a co-operative society. The court directed the petitioner to utilize the remedy of an election petition.
Writ petition dismissed with direction to approach an election petition if aggrieved.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 22ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943
WP(C) NO. 2517 OF 2022
PETITIONERS:
1 V.BABU, AGED 55 YEARS S/O. VELAYUDHAN, THOPPIL HOUSE, ATHIYOOR, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT-695501.
2 D. SASIKUMAR, RESIDING AT MELEKAVUVILAKATHU HOUSE, ANTHIYOOR, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT-695501.
BY ADVS. P.V.BABY C.S.RAJESH
RESPONDENTS:
1 BALARAMAPURAM PANCHAYATH RESIDENCE WELFARE CO-OPERATIVE SOCIETY LTD.NO.T-1649, BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN-695501.
2 THE ADMINISTRATIVE COMMITTEE, BALARAMAPURAM PANCHAYATH RESIDENCE CO-OPERATIVE SOCIETY LTD.NO.T-1649, BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS CONVENER C.R. SHAJI KUMAR, PIN-695501.
3 ELECTORAL OFFICER OF BALARAMAPURAM PANCHAYATH RESIDENCE WELFARE CO-OPERATIVE SOCIETY LTD.NO.T-1649, NOW ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695503.
4 THE RETURNING OFFICER, BALARAMAPURAM PANCHAYATH RESIDENCE WELFARE CO-OPERATIVE SOCIETY LIMITED NO. T-1649, NOW BALARAMAPURAM UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (G), NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695003.
WP(C) NO. 2517 OF 2022 -2-
5 STATE CO-OPERATIVE ELECTION COMMISSION, CO-BANK TOWERS, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS SECRETARY. BY ADV R.LAKSHMI NARAYAN SR.G.P SRI BIMAL.K.NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = W.P.(C) No.2517 of 2022
= = = = = = = = = = = = = = = = = = Dated this the 22nd day of February, 2022
J U D G M E N T
Election to the Board of Directors of the first
respondent Society was scheduled on 14.02.2022. The petitioners are members of the Society. This writ petition was filed on 24.01.2022 alleging that, the election notification was not published in two
vernacular dailies as required under Rule 35(A) of the
Co-operative Societies Rules. They also challenge the correctness of the voter's list.
it is stated that the election notification was published in two dailies, Kerala Kaumudi and Janayugam dated 30.12.2021. Annexure-R5(a) and (b) are copies of the relevant portions of the notification.
against the voter's list, it has been stated that the petitioners' objections were considered and rejected.
W.P.(C) No.2517 of 2022
-: 2 :-
the petitioners is to challenge the election, on the available grounds, by way of an election petition. I do not find any reason to entertain the writ petition.
Writ petition fails and is accordingly dismissed.
Sd/- SATHISH NINAN JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 2517/2022
PETITIONER EXHIBITS
| Exhibit P1 | A TRUE PHOTOCOPY OF THE ELECTION NOTIFICATION DATED 12/11/2021 ISSUED BY THE STATE CO- OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. |
|---|---|
| Exhibit P2 | A TRUE PHOTOCOPY OF THE COMPLAINT DATED 10/01/2022 SUBMITTED BY THE 2ND PETITIONER TO THE CIRCLE INSPECTOR OF POLICE BALARAMAPURAM. |
| Exhibit P3 | A TRUE COPY OF THE RECEIPT DATED 10/01/2022 ISSUED FROM THE OFFICE OF THE CIRCLE INSPECTOR OF POLICE, BALARAMAPURAM HAVING ACCEPTED EXT.P2. |
| Exhibit P4 | TRUE PHOTOCOPY OF THE COMPLAINT DATE 11/01/2022 SUBMITTED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT. |
| Exhibit P5 | TRUE PHOTOCOPY OF THE COMPLAINT DATED 11/01/2022 SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT. |
| Exhibit P6 | TRUE PHOTOCOPY OF THE COMPLAINT DATED 11/01/2022 SUBMITTED BY THE K. SUKUMARAN TO THE 3RD RESPONDENT. |
| Exhibit P7 | TRUE PHOTOCOPY OF THE INTIMATION DATED 11/01/2022 SENT BY THE 1ST PETITIONER UNDER REGISTERED POST WITH A/D TO THE 3RD RESPONDENT. |
| Exhibit P8 | TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGEMENT CARD SIGNED BY THE OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES FOR HAVING RECEIVED EXT.P7. |
| Exhibit P9 | TRUE PHOTOCOPY OF THE COMPLAINT DATED 11/01/2022 SENT BY SUKUMARAN TO THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. |
| Exhibit P10 | TRUE PHOTOCOPY OF THE POSTAL RECEIPT FOR HAVING SENT EXT.P9 UNDER REGISTERED POST. |
APPENDIX WP(C) NO. 2517 OF 2022
-2-
| Exhibit P11 | TRUE PHOTOCOPY OF THE COMPLAINT DATED 12/01/2022 SENT BY THE 1ST PETITIONER TO THE 5TH RESPONDENT UNDER REGISTERED POST WITH A/D. |
|---|---|
| Exhibit P12 | TRUE PHOTOCOPY OF THE POSTAL RECEIPT FOR HAVING SENT EXT.P11 UNDER REGISTERED POST WITH A/D. |
| Exhibit P13 | TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGEMENT SIGNED BY THE OFFICE OF THE 5TH RESPONDENT FOR HAVING RECEIVED EXT.P11. |
| Exhibit P14 | TRUE PHOTOCOPY OF THE PRELIMINARY VOTERS LIST DATED 10/01/2022 PUBLISHED BY THE 3RD RESPONDENT. |
| Exhibit P15 | TRUE PHOTOCOPY OF THE OBJECTION DATED 17/01/2022 SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT. |
| Exhibit P16 | TRUE PHOTOCOPY OF THE OBJECTION DATED 17/01/2022 SUBMITTED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT. |
| Exhibit P17 | TRUE PHOTOCOPY OF THE WHATSAPP MESSAGE BETWEEN THE 1ST PETITIONER AND THE 3RD RESPONDENT DATED 18/01/2022. |
| Exhibit P18 | TRUE PHOTOCOPY OF THE FINAL VOTERS LIST PUBLISHED BY THE 3RD RESPONDENT ON 19/01/2022. |
| Exhibit P19 | TRUE PHOTOCOPY OF PAGE NO.150 OF THE ADMISSION REGISTER IN THE NAME OF MEMBER NO.148 HARIKUMAR. |
| Exhibit P20 | TRUE PHOTOCOPY OF THE ADMISSION REGISTER OF PAGE NO. 28 OF THE SOCIETY IN THE NAME OF THANZEER R. MEMBER NO. 394. |
| Exhibit P21 | TRUE PHOTOCOPY OF THE COMMUNICATION DATED 19/01/2022 OF THE 3RD RESPONDENT TO K. SUKUMARAN RECEIVED ON 21/01/2022 IN THE AFTERNOON. |
3 issues framed by the court
Whether the election notification was validly published as required by the Rules.
Whether objections regarding the correctness of the voter's list warrant intervention.
Whether the proper remedy for aggrieved members is an election petition.
V.BABU
D. SASIKUMAR
BALARAMAPURAM PANCHAYATH RESIDENCE WELFARE CO-OPERATIVE SOCIETY LTD.
STATE CO-OPERATIVE ELECTION COMMISSION
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
