Kerala High Court
Suresh.K vs The State Co-Operative Election ... on 19 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
WP(C).No.4094 OF 2021(J)
PETITIONERS:
1 SURESH.K, AGED 45 YEARS, S/O. KITTUNNI, MEMBER
NO.2390, PLACHIMADA, KANNIMARI P.O., CHITTUR,
PALAKKAD-682 027.
2 MAHENDRAN, AGED 41 YEARS, S/O.ARUMUGHAM, POST
OFFICER STREET, MEENAKSHIPURAM, PALAKKAD-678 533.
BY ADVS.
SRI.NIRMAL. S
SMT.VEENA HARI
SMT.IRENE ELZA SOJI
RESPONDENT/S:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION
REP. BY ELECTION COMMISSIONER, 3RD FLOOR, CO-BANK
TOWERS, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695 033.
2 THE ELECTORAL OFFICER TO MOOLATHARA,
SERVICE CO-OPERATIVE BANK LTD., NO.P518, ASSISTANT
REGISTRAR (GENERAL), CHITTUR, PALAKKAD-682 027.
3 THE RETURNING OFFICER TO MOOLATHARA
SERVICE CO-OPERATIVE BANK LTD.NO.P518, UNIT
INSPECTOR, KOZHINJAMPARA, PALAKKAD-678 555.
4 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, KENATHUPARAMBU, KUNATHURMEDU CIVIL
STATION COMPLEX, PALAKKAD, KERALA-678 013.
5 MOOLATHARA SERVICE CO-OPERATIVE BANK REP. BY ITS
SECRETARY, MOOLATHARA SERVICE CO-OPERATIVE BANK,
KANNIMARI MEDU, PALAKKAD-678 534.
SR.GP K.P HARISH
SC SRI.R.LAKSHMI NARAYAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.02.2021, ALONG WITH WP(C).4180/2021(V), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.4094 OF 2021(J)
&
WP(C).No.4180 OF 2021(J) 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
WP(C).No.4180 OF 2021(V)
PETITIONER/S:
THE ADMINISTRATIVE COMMITTEE
THE MOOLATHARA SERVICE COOPERATIVE BANK LIMITED
NUMBER P-518, MEENAKSHIPURAM P O,
PALAKKAD DISTRICT, PIN CODE-642103.
REPRESENTED BY ITS CONVENOR.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SRI.VISHNU B.KURUP
RESPONDENT/S:
1 THE ELECTORAL OFFICER/ASSISTANT REGISTRAR
THE MOOLATHARA SERVICE COOPERATIVE BANK LIMITED
NO. P-518, OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (GENERAL), CHITTUR,
PALAKKAD DISTRICT, PINCODE-678027.
2 THE RETURNING OFFICER/
UNIT INSPECTOR, THE MOOLATHARA SERVICE
COOPERATIVE BANK LIMITED NO. P-518, KOZHINJAMPARA
UNIT, PALAKKAD DISTRICT, PIN CODE
3 THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO-BANK TOWERS,
VIKAS BHAVAN P O, THIRUVANANTHAPURAM-695033,
REPRESENTED BY ITS ADDITIONAL
REGISTRAR /SECRETARY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.02.2021, ALONG WITH WP(C).4094/2021(J), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.4094 OF 2021(J)
&
WP(C).No.4180 OF 2021(J) 3
JUDGMENT
W.P.(C)No.4180 of 2021 is filed at the instance of
the Co-operative bank and W.P.(C)No.4094 of 2021 is
filed by two members of the Co-operative Bank. The
dispute relates to the election that is proposed to be held
on 21.02.2021 to elect the managing committee
members of the fifth respondent- Co-operative Bank.
2. Essentially the dispute relates to membership
of 1443 members. The petitioners raised objections
regarding the inclusion of those persons by Ext.P5 order
in W.P.(C)NO.4094 of 2021. 1443 members were
removed from the list of voters. This was under
challenge in W.P.(C)No.25824 of 2020 and connected
cases. The said Writ Petitions were disposed off by
judgment dated 3.12.2020. Against the judgment of the
learned Single Judge, W.A.No.1600 of 2020 was filed.
The judgment of the learned Single Judge was confirmed
and Writ Appeal was disposed directing the inclusion of
excluded members. Accordingly, final list was published.
WP(C).No.4094 OF 2021(J)
&
3. In W.P.(C)No.4094 of 2021 the essential
contention of the learned counsel for the petitioners is
that though they were the persons who were pursuing
the grievance regarding the membership of 1443
members, and that on representation submitted by them,
the impugned order was passed earlier the Writ Petition
and Writ Appeal were filed without impleading them.
They did not get an opportunity to contest the
proceedings, it is submitted. Hence, the petitioners inter
alia, sought for a direction for removal of 1443 members
and in the alternative, if the election is proposed to be
conducted, they shall be permitted to cast their votes by
keeping a separate ballot box and having a separate
identification colour.
4. Essentially, the contention that the question of
membership regarding 1443 members cannot be
accepted by this court in the light of the fact that the
Division Bench has passed an order on that. If the
petitioners have a grievance that they were not given an
WP(C).No.4094 OF 2021(J)
&
opportunity to be heard and that they were not made a
party, to that proceedings their remedy lies elsewhere
and that cannot be agitated in this Writ Petitions.
Regarding their prayer for keeping the ballot papers
separately and it should be kept in a separate ballot box,
I am not inclined to accept that contention for more
reasons than one. In the Writ Appeal mentioned above,
the present prayer was specifically urged and declined by
the Division Bench, it was submitted by the contesting
respondents. The learned senior Government Pleader
also invited my attention to the decisions where in this
request for separate coloured ballot papers were rejected
earlier. Having considered the above, I am not inclined
to consider the request advanced by both the Writ
Petitioners. Accordingly, both the Writ Petitions fail and
are dismissed.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
WP(C).No.4094 OF 2021(J)
&
APPENDIX OF WP(C) 4094/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FINAL VOTERS LIST.
EXHIBIT P2 TRUE COPY OF THE ELECTION
NOTIFICATION DATED 28.10.2020.
EXHIBIT P3 TRUE COPY OF THE HEARING NOTICE
DATED 27.8.2020 ISSUED BY THE 2ND
RESPONDENT TO THE IST PETITIONER.
EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE
2ND RESPONDENT TO THE 4TH
RESPONDENT DATED 21.10.2020.
EXHIBIT P5 TRUE COY OF THE ORDER NO.1530/2020
DATED 24.11.2020.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC
25824/2020 DATED 3.12.2020.
EXHIBIT P7 TRUE COPY OF THE STATUS REPORT OF
WRIT APPEAL NO.1600/2020 AS ON
15.2.2021.
EXHIBIT P8 TRUE COPY OF THE STATUS REPORT OF
WRIT APPEAL NO.1608/2020 AS ON
15.2.2021.
EXHIBIT P9 TRUE COPY OF THE AMENDED
NOTIFICATION DATED 30.1.2021.
EXHIBIT P10 TRUE COPY OF THE LETTER DATED
13.2.2021 SUBMITTED BY THE 2ND
PETITIONER TO THE 3RD RESPONDENT.
RESPONDENT'S/S EXHIBITS NIL
WP(C).No.4094 OF 2021(J)
&
APPENDIX OF WP(C) 4180/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE NOTIFICATION
NO.E(1)3213/2020/S.C.E.C DATED
29/01/2021 ISSUED BY THE 3RD
RESPONDENT ELECTION COMMISSION.
EXHIBIT P2 THE TRUE COPY OF THE DECISION OF THE
ADMINISTRATIVE COMMITTEE OF THE
PETITIONER BANK DATED 12.02.2021.
EXHIBIT P3 THE TRUE COPY OF THE REQUEST SUBMITTED
BY THE PETITIONER DATED 12.02.2021
BEFORE THE ELECTORAL OFFICER.
EXHIBIT P4 THE TRUE COPY OF THE COMMUNICATION NO
224/2021 DATED 15.02.2021 ISSUED BY THE
ELECTORAL OFFICER.
EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT IN
WP(C)NO.29133 OF 2018 DATED 11.09.2018
PASSED BY THIS HONOURABLE COURT.
EXHIBIT P6 THE TRUE COPY OF THE COLOURED BALLOT
PAPER USED FOR THE ELECTIONS OF THE
KOZHINJAMPARA SERVICE CO-OPERATIVE
BANK FOR THE ELECTIONS CONDUCTED IN
THE YEAR 2019.
RESPONDENT'S/S EXHIBITS NIL
