Allowed

Ajith M v. Gokulendran

Kerala HC7 Mar 2024RP/352/2024

Case brief

AI extract

What is this about?

The High Court was approached with two review petitions filed against the judgment disposed of in writ petitions concerning co-operative bank elections. The bench found that the earlier record erroneously showed a judgment was passed on 25.09.2023 when only interim orders were actually passed, and ordered correction and restoration.

What did the court decide?

Correction of the heading 'Judgment' to 'Order'; restoration of writ petitions to file(s); post disposal of writ petitions as per roster.

Ajith M Vs Gokulendran — Writ and Judicial Review | Kerala HC (2024)

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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 SATHISH NINAN

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THURSDAY, THE 7^TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945

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RP NO. 351 OF 2024

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AGAINST THE JUDGMENT DATED 25.09.2023 IN WP(C) NO.29886 OF 2023 OF HIGH COURT OF KERALA

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REVIEW PETITIONERS/THIRD PARTIES IN WP(C):

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1 AJITH M AGED 59 YEARS

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S/O LATE P UNNIKRISHNAN NAIR, 'ANJALI', MAATHUR P.O, OMALLUR, PATHANAMTHITTA P.O, PATHANAMTHITTADISTRICT, PIN – 689647.

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2 M ABDUL KALAM AZAD, AGED 64 YEARS, S/O LATE P N MEERA SAHIB, PUTHENVEEDU, PETTA, PATHANAMTHITTA P.O, PATHANAMTHITTA DISTRICT, PIN – 689645.

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3 THOMAS JOSEPH, AGED 66 YEARS, S/O LATE K M JOSEPH, BENCY COTTAGE, KANNANKARA, PATHANAMTHITTA P.O, PATHANAMTHITTADISTRICT, PIN – 689645.

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4 P MOHANRAJAN, AGED 67 YEARS, S/O LATE PARAMESWARAN NAIR, MANAZHIKIZHAKKETHIL, AZHUR, PATHANAMTHITTA P.O, PATHNAMTHITTA DISTRICT, PIN – 689645.

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5 RAMESH M R, AGED 35 YEARS, S/O REGUNATHAN NAIR, 'MALAYILTHADATHIL', KADAMINATTA PO, PATHANAMTHITTA DISTRICT,, PIN – 689649.

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RP NO. 351 OF 2024 -2-

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6 VARGHESE K A, AGED 66 YEARS, S/O LATE K P ABARAHAM, 'KOCHUVEETIL', MANJINIKKARA, OMALLUR PO, PATHANAMTHITTA DISTRICT, PIN – 689647.

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7 SAJI K SIMON, AGED 59 YEARS, S/O LATE C P SIMON, KAZHUTHUTTIL, MUNDUKOTTAYKKAL P.O, PATHANAMTHITTADISTRICT, PIN – 689649.

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8 RENEESMUHAMMED, AGED 48 YEARS, S/O MOHAMMAD KOYA, RAHMADMANZIL, AZHUR, PATHANAMTHITTA P.O, PATHNAMTHITTADISTRICT, PIN – 689645.

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BY ADVS.

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ARJUN RAGHAVAN T.R.HARIKUMAR POOJA PANKAJ

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RESPONDENTS:

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1 K ANILKUMAR, MEMBER NO.20130, RAMAMANGALAM HOUSE, THONNIAMALA P.O, PATHANAMTHITTA, PIN – 689668.

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2 THE STATE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY SECRETARY TO COMMISSION, 3RD FLOOR, COBANK TOWERS, PALAYAM, VIKASBHAVAN P.O., THIRUVANANTHAPURAM, PIN – 695033.

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3 ELECTORAL OFFICER TO THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO Q 390, THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHENCHERRY, PATHANAMTHITTA, PIN – 689641.

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RP NO. 351 OF 2024 -3-

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4 RETURNING OFFICER TO THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO. Q. 390, THE OFFICE OF INSPECTOR OF CO-OPERATIVE SOCIETIES (G), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHENCHERRY, PATHANAMTHITTA, PIN – 689641.

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5 THE MANAGING COMMITTEE OF THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO Q 390 PATHANAMTHITTA, REPRESENTED BY ITS PRESIDENT, PIN – 689645.

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6 THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO Q 390, PATHANAMTHITTA,REPRESENTED BY ITS SECRETARY, PIN – 689645.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07.03.2024, ALONG WITH RP.352/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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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 SATHISH NINAN

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THURSDAY, THE 7^TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945

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RP NO. 352 OF 2024

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AGAINST THE JUDGMENT DATED 25.09.2023 IN WP(C) NO.30314 OF 2023 OF HIGH COURT OF KERALA

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REVIEW PETITIONERS/THIRD PARTIES:

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1 AJITH M,

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AGED 59 YEARS, S/O LATE P UNNIKRISHNAN NAIR, 'ANJALI', MAATHUR P.O, OMALLUR, PATHANAMTHITTA P.O, PATHANAMTHITTA DISTRICT,, PIN – 689647.

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2 M ABDUL KALAM AZAD, AGED 64 YEARS,

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S/O LATE P N MEERA SAHIB, PUTHENVEEDU, PETTA, PATHANAMTHITTA P.O, PATHANAMTHITTA DISTRICT, PIN – 689645.

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3 THOMAS JOSEPH, AGED 66 YEARS, S/O LATE K M JOSEPH, BENCY COTTAGE, KANNANKARA, PATHANAMTHITTA P.O, PATHANAMTHITTA DISTRICT, PIN – 689645.

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4 P MOHANRAJ, AGED 67 YEARS, S/O LATE PARAMESWARAN NAIR, MANAZHI KIZHAKKETHIL, AZHUR, PATHANAMTHITTA P.O, PATHNAMTHITTA DISTRICT, PIN – 689645.

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5 RAMESH M R, AGED 35 YEARS, S/O REGUNATHAN NAIR, 'MALAYILTHADATHIL', KADAMINATTA PO, PATHANAMTHITTA DISTRICT, PIN – 689649.

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RP NO. 352 OF 2024 -2-

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6 VARGHESE K A, AGED 66 YEARS, S/O LATE K P ABARAHAM, 'KOCHUVEETIL', MANJINIKKARA, OMALLUR PO, PATHANAMTHITTA DISTRICT, PIN – 689647.

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7 SAJI K SIMON, AGED 59 YEARS, S/O LATE C P SIMON, KAZHUTHUTTIL, MUNDUKOTTAYKKAL P.O, PATHANAMTHITTA DISTRICT, PIN – 689649.

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8 RENEES MUHAMMED, AGED 48 YEARS, S/O MOHAMMAD KOYA, RAHMAD MANZIL, AZHUR, PATHANAMTHITTA P.O, PATHNAMTHITTA DISTRICT, PIN – 689645.

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BY ADVS. ARJUN RAGHAVAN T.R.HARIKUMAR POOJA PANKAJ

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RESPONDENTS:

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1 GOKULENDRAN, AGED 71 YEARS MEMBER NO.23287 VISHNU, NANNUVAKKADU P.O, PATHANAMTHITTA, PIN – 689645.

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2 B.SHAHUL HAMEED, AGED 61 YEARS, MEMBER NO.24532 THEKKEVEEDU (AL.AMEEN HOUSE), VETTIPURAM P.O., PATHANAMTHITTA, PIN – 689645.

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3 ABDULMANAF, AGED 46 YEARS, MEMBER NO. 23631, AMMINIYAMMA VEEDU, PETTA, P.O., PATHANAMTHITTA, PIN – 689645.

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RP NO. 352 OF 2024 -3-

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4 VARGHESE DANIEL, AGED 60 YEARS, MEMBER NO.24601, PARACKAL PUTHENVEEDU, VETTIPURAM P.O., PATHANAMTHITTA, PIN – 689645.

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5 K. BALAKRISHNAN NAIR, AGED 73 YEARS, MEMBER NO. 14534, KOCHUMANNIL,MANJINIKARA, OMALLOOR, PIN – 689647.

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6 K. ANIL, AGED 59 YEARS, MEMBER NO. 18660, CHARUVILAYIL PUTHEN VEEDU, THONNIAMALA P.O, PATHANAMTHITTA, PIN – 689668.

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7 THE STATE CO-OPERATIVE ELECTION COMMISSION REPRESENTED BY SECRETARY TO COMMISSION, 3RD FLOOR, CO-BANK TOWERS, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,, PIN – 695033.

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8 ELECTORAL OFFICER TO THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO Q 390 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHENCHERRY, PATHANAMTHITTA, PIN – 689641.

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9 RETURNING OFFICER TO THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO. Q. 390 THE OFFICE OF INSPECTOR OF CO-OPERATIVE SOCIETIES (G), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHENCHERRY, PATHANAMTHITTA, PIN – 689641.

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10 THE MANAGING COMMITTEE OF THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO Q 390 PATHANAMTHITTA, REPRESENTED BY ITS PRESIDENT, PIN – 689645.

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RP NO. 352 OF 2024 -4-

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11 THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO Q 390, PATHANAMTHITTA , REPRESENTED BY ITS SECRETARY., PIN – 689645.

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12 REGISTRAR OF CO-OPERATIVE SOCIETIES (G), OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, POOJAPPURA, THIRUVANANTHAPURAM, PIN – 695012.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07.03.2024, ALONG WITH RP. NO.351/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = R.P. No.351 of 2024 in W.P.(C) No.29886 of 2023 & R.P. No.352 of 2024 in W.P.(C) No.30314 of 2023

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= = = = = = = = = = = = = = = = = = Dated this the 7^th day of March, 2024

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O R D E R

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The writ petitions had come for consideration on

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25.09.2023 at the instance of respondents 4 and 5,

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seeking to vacate the interim order passed in the writ petitions on 12.09.2023 and 15.09.2023, respectively. This Court had, after hearing the parties, ordered that the results of the election can be declared, but that the same will be provisional and subject to further orders in the writ petitions. However, due to a mistake

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in the office, it was shown that a judgment was passed on 25.09.2023, based on which, in the proceedings it was recorded that the writ petition was disposed of. It was evidently a mistake and the same is liable to be corrected.

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RP Nos.351 & 352 of 2024

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-: 2 :-

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Accordingly, it is ordered thus :-

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(i) The words “Judgment” occurring at the heading

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of order will stand corrected as “Order”.

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(ii) The writ petitions will stand restored back to

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files.

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Review petitions are allowed as above.

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Post the writ petitions as per roster.

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Sd/-

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SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF RP 352/2024

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PETITIONER ANNEXURES

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Annexure-I A TRUE COPY OF LIST OF UDF CANDIDATES WHO CONTESTED PURSUANT TO EXT-P1 ELECTION NOTIFICATION Annexure-II A TRUE COPY OF CONSOLIDATED TABULATION SHEET

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----

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APPENDIX OF RP 351/2024

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PETITIONER ANNEXURES

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Annexure-I A TRUE COPY OF LIST OF UDF CANDIDATES WHO CONTESTED PURSUANT TO EXT-P1 ELECTION NOTIFICATION Annexure-II A TRUE COPY OF CONSOLIDATED TABULATION SHEET

Ajith M v. Gokulendran

Case brief

What is this about?

What did the court decide?

Ajith M v. Gokulendran

Case brief

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