P.Balan v. Kerala State Co-Operative Chief Election Commissioner

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 1196 of 2015 (Y) --------------------------- PETITIONER:

-------------- P.BALAN, AGED 72 YEARS, PRESIDENT THE MAYYIL WEAVERS INDUSTRIAL (WORK SHOP) CO-OPERATIVE SOCIETY LTD. NO.H.L.IND(C)24, A.K.G.NAGAR, MAYYIL P.O.

KANNUR DISTRICT-670 602.

BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S):

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1. KERALA STATE CO-OPERATIVE CHIEF ELECTION COMMISSIONER THIRUVANANTHPAURAM-695 001.

2. THE ELECTORAL OFFICER KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD DISTRICT INDUSTRIES CENTRE THIRUVANANTHPAURAM-695 001.

3. THE RETURNING OFFICER KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD NO.H.232, HANTEX, DEPUTY REGISTRAR, DISTRICT INDUSTRIES CENTRE THIRUVANANTHPAURAM-695 001.

4. KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD. NO.H.232, HANTEX, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHPAURAM-695 001.

R BY GOVERNMENT PLEADER SRI.D.SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1196 of 2015 (Y) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1. TRUE COPY OF THE VOTERS LIST PUBLISHED IN 2010. EXT.P2. TRUE COPY OF THE ARC 97/2010 FILED BEFORE THE CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.

EXT.P3. TRUE COPY OF THE ORDER NO.E(1)/5233/2014/SCEC DATED 17/12/2014. EXT.P4. TRUE COPY OF THE DRAFT VOTERS LIST PUBLISHED BY THE 4TH RESPONDENT EXT.P5. TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 26/12/2014.

EXT.P6. TRUE COPY OF THE FINAL VOTERS LIST PUBLISHED ON 29/12/2014. EXT.P7. TRUE COPY OF THE DRAFT AUTHORIZATION FORM PUBLISHED BY THE 3RD RESPONDENT RESPONDENT(S)' EXHIBITS : NIL ------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.1196 of 2015 --------------------- Dated this the 13th day of January, 2015

J U D G M E N T

The election is mid-way going by Ext.P3 calendar. Even the nomination of the candidates have been accepted. Only the polling and the declaration of results remain. It will be inequitable to interfere with the process of election in this writ petition.

2. I am fortified in this view by the decision reported in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Samstha and another v. State of Maharashtra and others [(2001) 8 SCC 509]. All the contentions now urged by the petitioner can be raised in an election petition in terms of Section 69 of the Kerala Co-operative Societies Act, 1969. I decline jurisdiction. The Writ Petition is dismissed.

Sd/- V.CHITAMBARESH, Judge.

nj.