Sreekumar K.P. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 WP(C).No. 19174 of 2015 (V) ---------------------------- PETITIONER(S):

---------------- SREEKUMAR K.P.

S/O.KUNJU PILLAI PLAVILAVEEDU, AMBIPOIKA P.O.

KUNDARA, KOLLAM BY ADVS.SRI.M.R.SASITH SRI.M.SARIN PANICKER RESPONDENT(S):

------------------- 1.

STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATIVE SOCIETIES GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2.

KERALA CO-OPERATIVE CHIEF ELECTION COMMISSIONER STATE CO-OPERATIVE ELECTION COMMISSION CO-BANK TOWERS, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 001.

3.

NJALIYODU MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. REG.NO.Q 306(D) APCOS, AMBIPOIKA, PERUMPUZHA, KOLLAM REP. BY ITS SECRETARY - 695 001.

4.

ELECTION OFFICER, NJALIYODU MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. REG.NO.Q 306(D) APCOS, AMBIPOIKA, PERUMPUZHA, KOLLAM, REP. BY ITS SECRETARY - 695 001. R BY SR.GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No. 19174 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF ELECTION NOTIFICATION ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P1(a) :

TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P1 EXHIBIT P2 :

TRUE COPY OF THE RELEVANT REPORT OF BYE LAW OF THE FOURTH RESPONDENT.

EXHIBIT P2(a) :

TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P2 EXHIBIT P3 :

TRUE COPY OF THE PRELIMINARY LIST OF VOTERS PUBLISHED BY THE THIRD RESPONDENT IS PRODUCED HEREWITH AND MARKED BY THE FOURTH RESPONDENT.

EXHIBIT P3(a) :

TRUE COPY OF THE ENGLISH TRANSLATION OF THE EXT.P3 EXHIBIT P4 :

TRUE COPY OF THE COMMUNICATION ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER.

EXHIBIT P4(a) :

TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P4 EXHIBIT P5 :

TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO THE SECOND RESPONDENT.

EXHIBIT P5(a) :

TRUE COPY OF THE ENGLISH TRANSLATION OF THE EXT.P5. RESPONDENT(S) EXHIBITS NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.19174 of 2015 --------------------- Dated this the 25th day of June, 2015

J U D G M E N T

The election process is on. The final voters list was published on 10.6.2015. The list of candidates was published on 22.6.2015. Only the polling on 2.7.2015 remains.

2. It will be inequitable to interfere with the election process at this stage. Any complaint as regards the voters list can be raised in the election petition. The remedy lies only after the election is conducted. No direction to consider Ext.P5 complaint put in by the petitioner can be issued at this juncture.

The Writ Petition is dismissed without prejudice to the right of the petitioner to file an election petition, if so desired.

Sd/- V.CHITAMBARESH, Judge.

nj.