M/S.Moolathara Service Co-Operative Bank Ltd.No.P-518 Rep.By Its Secretary In-Charge C.Vijayan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 WP(C).No. 5451 of 2015 (F) --------------------------- PETITIONER(S):

-------------------------- M/S.MOOLATHARA SERVICE CO-OPERATIVE BANK LTD.NO.P-518 MEENAKSHIPURAM P.O., CHITTUR TALUK, PALAKKAD DISTRICT REPRESENTED BY ITS SECRTARY IN CHARGE, C. VIJAYAN. BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENT(S):

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

2. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695 001.

R BY SPL.GOVERNMENT PLEADER SRI.D.SOMASUNDARAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5451 of 2015 (F) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT-P1-TRUE COPY OF THE NOTIFICATION G.O(P)142/2014/CO-OP DATED 25/11/2014 ISSUED BY THE GOVERNMENT OF KERALA CO-OPERATION (B) DEPARTMENT, AS SRO NO. 733/2014 RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.5451 of 2015 --------------------- Dated this the 2nd day of March, 2015

J U D G M E N T

The written instructions obtained by the Special Government Pleader has been made available. The relevant part of it reads as follows:- "It is submitted that rule 35A 6(3) in clause (n) insists that the voter should produce his identity card issued by the society as proof of his membership and any of the documents mentioned in clause (b) to cast his vote in the election to the Managing Committee of the society. It has not been insisted in the rule that the "other document" produced by the member shall be in the address mentioned in the identity card issued by the petitioner Bank.

So it is submitted that a member can cast his vote by producing the identity card issued by the petitioner Bank and other documents stated in clause (b) eventhough the address of the "other document" stands different. Any person who is a citizen of India will hold anyone of the 8 documents of any state in the union of India. There is no question of inconvenience to the members in producing two documents for casting their vote."

2. Therefore any difference in the address shown in the identity card issued by the Election

W.P (C) No.5451 of 2015 Commission of India and the identity card issued by the Society does not matter. It would suffice that a voter produces any one of the documents mentioned in the Explanation to Rule 35A (6)(ix) of the Kerala Cooperative Societies Rules. There is therefore no necessity to challenge Ext.P1 notification whereby Rule 35A(6)(3)(n)(ix) of the Rules is amended.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.