IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 22228 OF 2022
PETITIONER:
P.B.KARTHIKEYAN NAIR
AGED 79 YEARS
S/O. BALAKRUSHNAN NAIR, RESIDING AT PALAKKATTU HOUSE,
VELLASSERY, KADUTHURUTHY PO, KOTTAYAM - 686 604.
BY ADV T.SHIHABUDHEEN
RESPONDENTS:
1 STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY, 3RD FLOOR,
CO-BANK TOWERS, VIKAS BHAWAN P.O,
THIRUVANANTHAPURAM DISTRICT,
THIRUVANANTHAPURAM, PIN - 695 033.
2 JOINT REGISTRAR (GENERAL),
CO-OPERATIVE SOCIETIES,
OFFICE OF THE JOINT REGISTRAR,
COLLECTORATE BUILDING, KOTTAYAM P.O.,
KOTTAYAM DISTRICT - 686 002.
3 VAIKOM TALUK CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK, VAIKOM P.O,
KOTTAYAM DISTRICT - 686 141,
REPRESENTED BY IT'S SECRETARY IN CHARGE.
SMT. MABLE C. KURIAN, SR.GP.
SRI. C.M. NAZAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22228 OF 2022
2
T.R. RAVI, J.
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W.P.(C)No.22228 of 2022
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Dated this the 07th day of July, 2022
JUDGMENT
The writ petition has been filed seeking the following reliefs:
"i. to issue a writ of certiorari or any other appropriate writ, order or direction to call for the records leading to the issuance of Exhibit- P1 notification, Exhibit-P2, and Exhibit-P8 and quash the same by declaring it as unconstitutional, illegal and arbitrary since it infringes the Articles Article 243ZN and 243ZP(e) of the Constitution of India as well as violation of clause (b) read with (ce) of sub- section 1 of Section 29 of the Kerala Co- operative Societies Act, 1969;
ii. to issue a writ of mandamus or writ in the nature of mandamus any other order declaring that Exhibit-P9, Exhibit-P11, Exhibit-P12 are legally valid and in accordance with clause (b) read with (ce) of sub-section 1 of Section 29 of the Kerala Co-operative Societies Act, 1969;
iii. To issue an order of writ of mandamus or WP(C) NO. 22228 OF 2022 3 writ in the nature of mandamus directing the Respondent to reconsider the Exhibit-P13 by setting aside Exhibit-P14;
iv. to issue a writ of mandamus or any other appropriate writ, order or direction to the 1 st Respondent directing to issue fresh election notification in light of Exhibit-P13."
2. Ext.P1 that is sought to be set aside is the election notification which was subject matter of W.P.(C) No.5491 of 2021, that was disposed of by Ext.P5 judgment. A learned Single Judge of this Court held that fresh steps should be taken to conduct the election. Ext.P5 judgment was subject matter of an appeal, which was disposed of by Ext.P6 judgment. In Ext.P6, a Division Bench of this Court specifically directed the Commission to take necessary steps to resume the election pursuant to Ext.P1 notification from the stage at which it was stopped in terms of Ext.P4 order. The direction of the Division Bench is hence to continue the election process pursuant to Ext.P1 notification, which is the very same notification, which has been challenged in this writ petition. Since there is already a direction by the Division Bench to WP(C) NO. 22228 OF 2022 4 continue the election process on the basis of Ext.P1 notification, a fresh writ petition challenging the very same notification seeking to quash it cannot be entertained and that too two days prior to the date fixed for the election. The writ petition is hence dismissed.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 22228 OF 2022 5 APPENDIX OF WP(C) 22228/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTIFICATION OF THE FIRST RESPONDENT DATED 27/11/2020. Exhibit P2 A TRUE COPY OF THE MINUTES OF THE THIRD RESPONDENT DATED 05/11/2020.
Exhibit P3 A TRUE OF COPY NOTIFICATION NO.
E(2)3601/2020/SCEC DATED 08/01/2021 ISSUED BY THE FIRST RESPONDENT.
Exhibit P4 A TRUE COPY OF ORDER NO.JRGKTM/876/2020-
CRB DATED 26/02/2021 ISSUED BY THE SECOND RESPONDENT.
Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.
5491/2021 OF THE HON'BLE COURT DATED 09/04/2020.
Exhibit P6 A TRUE COPY OF THE JUDGMENT OF THE WA NO.1314/2021 DATED 25/10/2021. Exhibit P7 A TRUE COPY OF GOVERNMENT ORDER NO.
(P)50/2022/CO-OP DATED 5/4/2022 ISSUED BY THE GOVERNMENT.
Exhibit P8 A TRUE COPY OF AMENDED NOTIFICATION NO.
E(2)3601/2020/SCEC DATED 17/05/2022, ISSUED BY THE FIRST RESPONDENT.
Exhibit P9 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE THIRD RESPONDENT DATED 30/05/2022.
Exhibit P10 A TRUE COPY OF THE RELEVANT PAGES OF THE NEWSPAPER DATED 19/05/2022.
WP(C) NO. 22228 OF 2022 6 Exhibit P11 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE GENERAL BODY MEETING OF THE THIRD RESPONDENT DATED 04/06/2022. Exhibit P12 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE ADMINISTRATIVE COMMITTEE MEETING OF THE THIRD RESPONDENT DATED 04/06/2022.
Exhibit P13 A TRUE COPY OF THE LETTER OF THE THIRD RESPONDENT DATED 06/06/2022.
Exhibit P14 THE TRUE COPY OF THE NOTICE DATED 21/06/2022 ISSUED BY THE FIRST RESPONDENT.