Kumar V.O. v. The Registrar Of Co-Operative Societies
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936 WP(C).No. 4542 of 2015 (P) ----------------------------------- PETITIONERS:
-------------------------- 1.
KUMAR V.O., AGED 46 YEARS S/O. VELAYUDHAN C, PRADEEP BHAVAN MUNDAKKAL WEST, KOLLAM. (MEMBERSHIP NO. 4454, SENIOR ASSISTANT, ELECTRICAL CIRCLE, KSEB, POWER HOUSE, KOLLAM ) 2.
VEERENDRA KUMAR V., AGED 48 YEARS CHITTADEESWARATHUPADINJATTATHIL, AYATHIL P.O., KOLLAM - 691 021 OVERSEER, TRANSFORMER, FILED REPAIRING UNIT UNDER ELECTRIC CIRCLE, KOLLAM BY ADVS.SRI.PRATHEESH.P SMT.S.SEETHA SMT.NIMA JACOB RESPONDENTS:
---------------------------- 1.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES CO-OPERATIVE BUILDING, THIRUVANANTHAPURAM 695 001, REPRESENTED BY ITS SECRETARY 2.
THE STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM - 695 001 REPRESENTED BY ITS SECRETARY 3.
THE ELECTROL OFFICER, ELECTRICITY BOARD EMPLOYEES CO-OPERATIVE SOCIETIES LTD., NO. Q 232, POWER HOUSE, KOLLAM (ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM) - 691 001 4.
THE RETURNING OFFICER, ELECTRICITY BOARD EMPLOYEES CO-OPERATIVE SOCIEITES LTD. NO. Q 232 POWER HOUSE, KOLLAM - 691 001 5.
THE ELECTRICITY BOARD EMPLOYEES CO-OPERATIVE SOCIETIES LTD, NO. Q 232, POWER HOUSE, KOLLAM - 691 001 REPRESENTED BY ITS SECRETARY R1 & R2 BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4542 of 2015 (P) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1- A TRUE COPY OF THE ELECTION NOTIFICATION NO. (1)/ 134/2015/S.C.E.C DATED 12.01.2015 ISSUED BY THE 2ND RESPONDENT EXHIBIT-P2- A TRUE COPY OF THE RELEVANT PAGE OF CLAUSE 9 OF THE BYELAW EXHIBIT-P3- A TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 22.01.2015 EXHIBIT-P4- A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 29.01.2015 EXHIBIT-P5- THE COPY OF THE LIST OF THE MEMBERS WHO ARE PRESENTLY WORKING OUTSIDE THE JURISDICTION OF THE SOCIETY BUT INCLUDED IN THE FINAL VOTERS LIST.
EXHIBIT-P6- THE COPY OF THE REPRESENTATION FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 30.1.2015 RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS
V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 4542 OF 2015 ---------------------------------------- Dated this the 12th day of February, 2015
JUDGMENT
The final voters list was published as early as on 29.01.2015 as per Ext. P1 election calender. The list of candidates has also been published on 09.02.2015 and only the polling and the declaration of results remain. It will be inequitable to interfere with the election process at this juncture. The petitioners are free to question the voters list and the consequent election in an election petition. The remedy lies under Section 69 of the Kerala Co-operative Societies Act, 1969.
2.
I decline jurisdiction following Shri. Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and Another v. State of Maharashtra and Others [(2001) 8 SCC 509].
The writ petition is dismissed.
V. CHITAMBARESH JUDGE DCS