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High Court of KeralaWP(C)/7410/2013dismissed

Nirmala Chandran v. The State Co-Operative Election Commissioner

2015-09-29Honourable Mr. Justice Anil K.Narendran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 --------------------------- PETITIONERS :

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1. NIRMALA CHANDRAN, W/O.VADAKKEKUDY CHANDRAN, KOTTAPADY P.O., ERNAKULAM DISTRICT.

2. INDIRA THAMBAN, W/O.THAMBAN V.P., VADAKKEKUDY, KOTTAPADY P.O., ERNAKULAM DISTRICT.

3. INDIRA SATHYAVAN, W/O.SATHYAVAN, VALIYIL, KOTTAPADY P.O., ERNAKULAM DISTRICT.

4. AJANNYA SATHYAVAN, D/O.SATHYAVAN, VALIYIL, KOTTAPADY P.O., ERNAKULAM DISTRICT.

5. ATHIRA V.S., D/O.SATHYAVAN, VALIYIL, KOTTAPADY P.O., ERNAKULAM DISTRICT.

6. SANTHOSH V.V., S/O.VELAYUDHAN, VALIYIL, KOTTAPADY P.O., ERNAKULAM DISTRICT.

7. LAJEESH CHANDRAN, S/O.CHANDRAN V.P., VADAKKEKUDY, KOTTAPADY P.O., ERNAKULAM DISTRICT.

8. SANTHA VISWAMBARAN, W/O.VISWAMBARAN, KATTACHIRA, KOTTAPADY P.O., ERNAKULAM DISTRICT.

9. SUBRAMANIYAN P.A., S/O.ANCHATHI, PAZHAMALAPPARAMBIL, KOTTAPADY P.O., ERNAKULAM DISTRICT.

10. MANZHAD.T.M., S/O.MAKKAR, THEKKEMELATH, KOTTAPADY P.O., ERNAKULAM DISTRICT.

BY ADV. SRI.M.MANOJKUMAR (CHELAKKADAN)

RESPONDENTS :

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1. THE STATE CO-OPERATIVE ELECTION COMMISSIONER, THIRUVANANTHAPURAM - 695 001.

2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM, KOCHI - 682 016.

3. THE ELECTORAL OFFICER FOR THE CONDUCT OF ELECTION TO THE BOARD OF DIRECTORS OF THE KOTTAPPADY EAST SERVICE CO-OPERATIVE BANK LTD.No.E-152, AYROOR, AYROORPADAM P.O., KOTHAMANGALAM, ERNAKULAM - 686 692 (THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTHAMANGALAM CIRCLE, ERNAKULAM DISTRICT.

4. THE KOTTAPPADY EAST SERVICE CO-OPERATIVE BANK LTD. NO.E-152, AYROOR, AYROORPADAM P.O., KOTHAMANGALAM, ERNAKULAM - 686 692, REPRESENTED BY ITS SECRETARY. R4 BY ADV. SRI.K.RAMAKUMAR (SR.) R4 BY ADV. SRI.S.M.PRASANTH R4 BY ADV. SMT.SMITHA GEORGE BY GOVERNMENT PLEADER SRI.RAFEEQ.V.K.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

--------------------------- APPENDIX PETITIONER'S EXHIBITS :- --------------------- EXHIBIT P1.

TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2.

TRUE COPY OF THE ORDER DATED 12.03.2013 ISSUED BY THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS :- NIL.

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ANIL K.NARENDRAN, J.

--------------------------------- W.P.(C)No.7410 of 2013 ----------------------------------- Dated this the 29th day of September, 2015

JUDGMENT

The petitioners, who are members of the 4th respondent Cooperative Society, have filed this writ petition seeking a writ of certiorari to quash Ext.P2 and seeking a writ of mandamus commanding the respondents to permit them to vote in the election to the Managing Committee of the 4th respondent Society scheduled to be held on 7.4.2013.

Though the writ petition was filed on 15.3.2013, the petitioners could not obtain any interim order. Since the election to the Managing Committee of the 4th respondent Society has already been held on 7.4.2013, no relief can be granted at this point of time. As such this writ petition is dismissed. But the contentions raised in the writ petition are left open.

Sd/- ANIL K.NARENDRAN, JUDGE skj