High Court of KeralaWP(C)/3051/2015disposed of

M.M.Babu v. State Of Kerala

2015-02-26Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 WP(C).No. 3051 of 2015 (F) --------------------------- PETITIONER:

------------------ M.M.BABU, S/O. M.K.MADHAVAN, VICE PRESIDENT, MANAGING COMMITTEE, KERALA AGRICULTURAL UNIVERSITY CO-OPERATIVE SOCIETY LTD.NO.R-162, MANNUTHY, THRISSUR-680 065, RESIDING AT MUNDANAMTHUNDATHIL HOUSE, MADAKKATHARA P.O., MASTERS NAGAR, VELLANIKKARA, THRISSUR-680 651. BY ADVS.SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM- 695 001.

2. THE KERALA CO-OPERATIVE ELECTION COMMISSION THIRUVANANTHAPURAM.

3. THE ELECTORAL OFFICER (ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KERALA AGRICULTURAL UNIVERSITY CO-OPERATIVE SOCIETY LTD., THRISSUR-3.

4. THE RETURNING OFFICER (UNIT INSPECTOR, OLLUKKARA) KERALA AGRICULTURAL UNIVERSITY CO-OPERATIVE SOCIETY LTD., THRISSUR-3.

5. KERALA AGRICULTURAL UNIVERSITY CO-OPERATIVE SOCIETY LTD. NO.R-162, MANNUTHY, THRISSUR-680 651 REPRESENTED BY ITS SECRETARY.

6. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES THRISSUR.

ADDL.7. JAYAKUMAR K.S., SENIOR GRADE ASSISTANT GENERAL ADMINISTRATION, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, KAU P.O., THRISSUR DSITRICT 680 656.

WP(C) NO. 3051/2015 ADDL. 8. JIJU F. KATTIKARAN, SENIOR GRADE ASSISTANT, GENERAL ADMINISTRATION, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, KAU P.O., THRISSUR DISTRICT 680 656. ADDL R7 AND R8 ARE IMPLEADED AS PER ORDER DATED 26.02.2015 IN IA NO. 2375/2015.

R7 & 8 BY ADV. SRI.V.G.ARUN R7 & 8 BY ADV. SRI.T.R.HARIKUMAR R5 BY ADV. SMT.M.M.DEEPA BY SPECIAL GOVERNMENT PLEADER SRI. D. SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3051 of 2015 (F) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :

COPY OF THE SCHEDULE ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 :

COPY OF THE ORDER DTD.23.01.2015 OF THE 3RD RESPONDENT. EXHIBIT P3 :

COPY OF THE RELEVANT PAGES OF THE BYE-LAW OF THE 5TH RESPONDENT SOCIETY.

EXHIBIT P4 :

COPY OF THE JUDGMENT DTD.19.11.2014 IN WPC NO.12531/2012 OF THIS HON'BLE COURT.

EXHIBIT P5 :

COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MANAGING COMMITTEE HELD ON 18.12.2014.

RESPONDENT(S)' EXHIBITS

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 3051 OF 2015 ------------------------------------ Dated this the 26th day of February, 2015

JUDGMENT

The disputed votes have been collected in a separate ballot box pursuant to the interim order in this writ petition. Those votes shall be eschewed from counting even though can be made use of in an election petition. The results shall also be published enabling the elected candidates to assume office. The non inclusion of the disputed voters can as well be raised in the election petition if any filed.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd