The High Court of Kerala, in connected writ petitions filed by members of a cooperative society against the election commissioner and authorities, held that the matters had become infructuous and dismissed the petitions without detailed analysis.
The writ petitions were dismissed as infructuous.
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 P.V.KUNHIKRISHNAN
MONDAY, THE 5TH DAY OF DECEMBER 2022 / 14TH AGRAHAYANA, 1944
WP(C) NO. 27421 OF 2012
PETITIONERS:
1 JOY N.T. AGED 40 YEARS S/O.THOMAS, NADUKKUDIYIL HOUSE, OONNUKAL P.O., ERNAKULAM DISTRICT, PIN-686693.2 AYYAPPANKUTTY K.M. AGED 40 YEARS S/O.KOMAN, NEDUMATTATHIL HOUSE, OONNUKAL P.O., ERNAKULAM DISTRICT, PIN-686693.BY ADVS.
SRI.JOHN K.GEORGE
SRI.K.S.ARUN KUMAR
SRI.M.S.DILEEP
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE ELECTION COMMISSIONER THIRUVANANTHAPURAM, PIN-695001.2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) ERNAKULAM, PIN-682031.3 THE ASSISTANT REGISTRAR GENERAL KOTHAMANGALAM/THE RETURNING OFFICER, ONNUKAL SERVICE CO-OPERATIVE BANK LTD.NO.E 58, OONNUKAL P.O., PIN686693.4 ONNUKAL SERVICE CO-OPERATIVE BANK LTD.NO.E 58 OONNUKAL P.O., REP. BY ITS SECRETARY, PIN-686693. BY ADV SRI.GEORGE POONTHOTTAMTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.12.2022, ALONG WITH WP(C).26452/2012, 26615/2012, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos. 26615, 26452 & 27421 of 2012 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 5TH DAY OF DECEMBER 2022 / 14TH AGRAHAYANA,
1944
WP(C) NO. 26452 OF 2012
PETITIONER:
K.K.PAULOSE
PRESIDENT, BOARD OF MANAGEMENT OF THE OONNUKAL
SERVICE CO-OPERATIVE BANK LTD.NO.E58, OONNUKAL
P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT.
BY ADVS.
SRI.P.V.BABY
SRI.A.N.SANTHOSH
RESPONDENTS:
1 A.T.PAULOSE ARAKKAKUDIYIL HOUSE, UPPUKULAM, OONNUKAL P.O. 686693, ERNAKULAM DISTRICT.2 M.K.VIJAYAN MOLEKUDIYI HOUSE, P.O.OONNUKLA 686693, ERNAKULAM DISTRICT.3 SIBY MATHEW S/O.MATHEW, NEDUMPURATH HOUSE, KUTHUKUZHI P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT686691.4 JOINT REGISTRAR OF CO-OPERATIVE SOCIETEIS GENERAL ERNAKULAM 682016.5 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL KOTHAMANGALAM/ELECTORAL OFFICER, OONNUKAL SERVICE CO-OPERATIVE BANK LTD.NO.358, OONNUKLA P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT 686693.6 KOTHAMANGALAM UNIT INSPECTOR OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), KOTHAMANGALAM, RETURNING OFFICER, OONNUKAL SERVICE COOPERATIVE BANK LTD.NO.E58, OONNUKLA P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT 686693. BY ADVS.GOVERNMENT PLEADER
SMT.NISHA GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.12.2022, ALONG WITH WP(C).27421/2012 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos. 26615, 26452 & 27421 of 2012 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 5TH DAY OF DECEMBER 2022 / 14TH AGRAHAYANA,
1944
WP(C) NO. 26615 OF 2012
PETITIONERS:
1 JOY.N.T. AGED 40 YEARSS/O.THOMAS, NADUKKUDIYIL HOUSE, OONNUKAL P.O., ERNAKULAM DISTRICT, PIN - 686 693.2 AYYAPPANKUTYY K.M. AGED 40 YEARS S/O.KOMAN, NEDUMATTATHIL HOUSE, OONNUKAL P.O., ERNAKULAM DISTRICT, PIN - 686 693.BY ADVS.
SRI.JOHN K.GEORGE
SRI.K.S.ARUN KUMAR
RESPONDENT/S:
1 KERALA STATE CO. OPERATIVE ELECTION COMMISSIONERTHIRUVANANTHAPURAM, PIN - 695 001.
2 THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES GENERALERNAKULAM, PIN - 682 016.
3 THE ASSISTANT REGISTRAR (GENERAL) KOTHAMANGALAM/THE RETURNING OFFICER, OONNUKAL SERVICE CO-OPERATIVE BANK LTD.NO.E 58, OONNUKAL P.O., PIN - 686 693.4 OONNUKAL SERVICE CO-OPERATIVE BANK LTD. NO.E 58 OONNUKAL P.O., REP. BY ITS SECRETARY, PIN - 686 693.OTHER PRESENT:
SRI.RENJITH.T.R, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.12.2022, ALONG WITH WP(C).27421/2012 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos. 26615, 26452 & 27421 of 2012 4
P.V.KUNHIKRISHNAN, J.
W.P.(C) Nos. 26615, 26452 & 27421 of 2012
---------------------------------------------Dated this the 5th day of December, 2022
JUDGMENT
The learned counsel for the petitioners submit that the
matter has become infructuous. Hence, the Writ Petitions are
dismissed as infructuous.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
mtk
W.P.(C) Nos. 26615, 26452 & 27421 of 2012 5
APPENDIX OF WP(C) 27421/201 2
PETITIONER EXHIBITS
Exhibit P1 |
A TRUE COPY OF THE ELECTIONNOTIFICATION DATED 10.10.2012 |
|---|---|
Exhibit P2 |
THE TRUE COPY OF THE ORDER DATED03.11.2012 |
Exhibit P3 |
THE TRUE COPY OF THE ORDER PASSED BYTHE 1ST RESPONDENT DATED 11.11.12 |
W.P.(C) Nos. 26615, 26452 & 27421 of 2012 6
APPENDIX OF WP(C) 26452/201 2
PETITIONER EXHIBITS
Exhibit P1 |
A TRUE COPY PHOTOSTAT COPY OF THEELECTION NOTIFICATION DATED 16.10.2012 |
|---|---|
Exhibit P2 |
A TRUE PHOTOSTAT COPY OF THE NOTICEDATED 9.10.2012 ISSUED BY THE 4THRESPONDENT |
Exhibit P3 |
A TRUE PHOTOSTAT COPY OF THE NOTICEDATED 2.11.2012 |
Exhibit P4 |
A TRUE PHOTOSTAT COPY OF THE OBJECTIONDATED 3.11.2012 SUBMITTED BY THEPETIIONER TO THE 5TH RESPONDENT. |
Exhibit P5 |
A COPY OF THE LIST OF MEMBERS DELETEDFROM THE PRELIMINARY VOTERS LISTCONTAINING 1508 MEMBERS |
Exhibit P6 |
A TRUE PHOTOSTAT COPY OF THE LISTCONTAINING 87 NAMES OF MEMBERS |
Exhibit P7 |
A TRUE PHOTOSTAT COPY LIST CONTAINING158 MEMBERS NAMES |
W.P.(C) Nos. 26615, 26452 & 27421 of 2012 7
APPENDIX OF WP(C) 26615/201 2
PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE ELECTION
NOTIFICATION DATED 16.10.2012
Exhibit P2A TRUE COPY OF THE ORDER DATED
03.11.2012
Exhibit P3A TRUE COPY OF THE LIST OF VOTER
AFFIDAVIT & PETITION
1 issue framed by the court
Whether the writ petitions had become infructuous due to pendency of regular elections?
Joy N.T. & Ors.
Kerala State Co-operative Election Commissioner & Ors.
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court