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High Court of KeralaWP(C)/10143/2015disposed of

G.D.Rajasekharan v. State Of Kerala

2015-04-06Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 WP(C).No. 10143 of 2015 (P) PETITIONERS:

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1. G.D.RAJASEKHARAN, AGED 50 YEARS S/O DAMODARAN NAIR, MUKKADA HOUSE, MENAMKIMBAM KAZHAKKOOTTAM.P.O, THIRUVANANTHAPURAM, PIN-695582.

2. BABU.M, AGED 43 YEARS S/O MADHAVAN PILLAI, ANIL BHAVAN, CHITTATTUMUKKU.P.O CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM, PIN-695588. BY ADVS.SRI.K.C.ELDHO SRI.JIJO THOMAS SRI.MALLENATHAN.M.

SRI.ANEESH JAMES SRI.ANIL R.NATH RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF CO-OPERATIVE SOCIETIES GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN-695001.

2. THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT OFFICE OF THE DEPUTY DIRECTOR THIRUVANANTHAPURAM-695001.

3. THE ELECTION COMMISSIONER, STATE CO-OPERATIVE ELECTION COMMISSION CO-BANK TOWERS, VIKAS BHAVAN.P.O THIRUVANANTHAPURAM-695033.

4. CHITTATTUMUKKU MILK DEVELOPMENT CO-OPERATIVE SOCIETY LIMITED, NO.4029, REPRESENTED BY ITS SECRETARY CHITTATTUMUKKU POST, KAZHAKKOOTTAM BLOCK THIRUVANANTHAPURAM-695588.

5. THE DIARY FARM INSTRUCTOR, CORPORATE MANAGER, KAZHAKKOOTTAM BLOCK THIRUVANANTHAPURAM-695582.

R1 TO R3 BY GOVERNMENT PLEADER SRI. K.K. SAIDALAVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10143 of 2015 (P) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF THE MEMBERSHIP CARD OF THE IST PETITIONER EXT.P2 TRUE COPY OF THE ELECTION NOTIFICATION DATED 19.02.2015 PUBLISHED BY THE 3RD RESPONDENT EXT.P3 TRUE COPY OF DRAFT VOTERS LIST DATED 25.02.2015 EXT.P4 TRUE COPY OF THE RELEVANT PAGES OF THE BYLAWS OF THE 4TH RESPONDENT SOCIETY EXT.P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE IST PETITIONER BEFORE THE 3RD RESPONDENT EXT.P6 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 08.03.2015.

RESPONDENT(S)' EXHIBITS:-NIL /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J W.P.(C). NO.10143 OF 2015 ---------------------------------------- Dated this the 6th day of April, 2015

JUDGMENT

The votes of persons listed as serial Nos. 50 to 77 in Ext. P3 list have been collected in a separate ballot box. Their votes have nevertheless been counted for declaring the result.

2.

Whether those persons have a right to vote or contest in the election is a matter for deeper probe. The petitioners are free to agitate this question in an election petition under Section 69 of the Kerala Co-operative Societies Act, 1969.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS