High Court of KeralaWP(C)/19322/2015disposed of

A.K.Gopalan v. Election Commissioner

2015-06-263 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 WP(C).No. 19322 of 2015 (M) -------------------------------------- PETITIONER:

-------------------------- A.K.GOPALAN, AGED 67 YEARS S/O.MOOTHURAKUTTY, MARAPPALAM, TALLAKKAL POONOOR, UNNIKULAM P.O., KOZHIKODE DISTRICT PIN - 673 574.

BY ADVS.SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS:- -------------------------

1. ELECTION COMMISSIONER KERALA STATE CO-OPERATIVE ELECTION COMMISSION THIRUVANANTHAPURAM, PIN - 695 001.

2. JOINT REGISTRAR (GENERAL) OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE SOCIETY(GENERAL), KOZHIKODE PIN - 673 001.

3. ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES QUILANDY, KOZHIKODE DISTRICT, PIN - 673 325.

4. SECRETARY UNNIKULLAM, CO-OPERATIVE SOCIETY BANK LTD., NO.D 2356 P.O. EKAROOL, KOZHIKODE DISTRICT, PIN - 673 574. R1 TO R3 BY SR. GOVERNMENT PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19322 of 2015 (M) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. TRUE COPY OF THE JUDGMENT DATED 25.02.2015 IN W.P.(C) NO.16527/2014 OF THIS HON'BLE COURT.

EXHIBIT P2. TRUE COPY OF THE RELEVANT PORTION OF THE PAPER PUBLICATION IN MATHRUBOOMI NEWS DAILY DATED 10.04.2015 BY 4TH RESPONDENT BANK WITH TRUE ENGLISH TRANSLATION. EXHIBIT P3. TRUE COPY OF THE RECEIPT/INFORMATION SHOWING TOTAL MEMBERS APPLIED FOR ID CARD AS PER PAPER PUBLICATION AS ON 22.04.2015.

EXHIBIT P4. TRUE COPY OF THE GOVERNMENT ORDER DATED 25.05.2015 WITH NUMBER G/O(P)NO.68/2015 CO-OP, EXTENDING THE TIME LIMIT FOR IMPLEMENTATION OF THE AMENDMENT ACT TILL 31.12.2015. EXHIBIT P5. TRUE COPY OF THE DIRECTION LETTER GIVEN BY 4TH RESPONDENT TO ONE OF ITS BRANCH.

EXHIBIT P6. TRUE COPY OF THE ELECTION NOTIFICATION PUBLISHED BY 1ST RESPONDENT FIXING ELECTION DATE AS 19.07.2015 ALONG WITH A ELECTION AN ELECTION GENERAL BODY MEETING NOTICE, BY THE 4TH RESPONDENT SECRETARY IN VIOLATION OF THE DIRECTION CONTAINED IN JUDGMENT OF THIS HON'BLE COURT. RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 19322 OF 2015 ---------------------------------------- Dated this the 26th day of June, 2015

JUDGMENT

The election process has already commenced as evident by Ext. P6 calender. The date of poll has ofcourse to be finalised in compliance with the judgment in W.P.(C). No. 17870/2015. Any challenge as regards the list of active members can only be raised after election at this juncture. The petitioner is free to urge all grounds in an election petition if any filed later.

The writ petition is disposed of subject to the above reservation.

V. CHITAMBARESH JUDGE