V.V.Hari vs Teekoy Co-Operative Tea Factory ...
2021 Latest Caselaw 6483 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                       WP(C).No.4699 OF 2021(J)


PETITIONER:

               V.V.HARI,
               AGED 60 YEARS
               S/O VASU,
               MANNUMADATHIL HOUSE,
               TEEKOY P O, ERATTUPETTA,
               MEENACHIL TALUK,
               KOTTAYAM DISTRICT

               BY ADV. SRI.P.V.BABY

RESPONDENTS:

      1        TEEKOY CO-OPERATIVE TEA FACTORY LTD. NO. K. 143
               TEEKOY P O, MEENACHIL TALUK,
               KOTTAYAM DISTRICT, -686580, REPRESENTED BY ITS
               MANAGING DIRECTOR -IN-CHARGE.

      2        ELECTORAL OFFICER/ASSISTANT REGISTRAR OF
               CO-OPERATIVE SOCIETIES(GENERAL),
               MEENACHIL, PALA,
               KOTTAYAM DISTRICT-686589.

      3        RETURNING OFFICER/ERATTUPETTA UNIT INSPECTOR
               OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
               SOCIETIES(GENERAL),
               MEENACHIL, PALA,
               KOTTAYAM DISTRICT-686589.

      4        STATE CO-OPERATIVE ELECTION COMMISSION
               3RD FLOOR, CO-BANK TOWERS,
               VIKAS BHAVAN P O, THIRUVANANTHAPURAM-695033.


OTHER PRESENT:
             SR.GP K.P HARISH,
             SC SRI.R.LAKSHMI NARAYAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).4699/2021
                                     2




                                JUDGMENT

Petitioner is a member of the first respondent/Co-operative Society

of planters. It consists of three types of members A, B and C. Final list

of membership shows that, it has 408 members. Election was notified

on 19.01.2021 and the date scheduled for election is 25.02.2021.

Election process is challenged on the basic ground that, there is

violation of Rule 35A(3A) of Kerala Co-operative Societies Rules as well

as Rule 35A(4). According to the petitioner, since the number of voters

is less than 500, separate notices should have been issued to each

member. Since it was not done, there was breach of Rule 35A(3A).

Further, the list did not contain the details of the father/mother of the

voter, hence in violation of Rule 35A(4). According to the learned

counsel for the petitioner, this is fatal. It is also contended that the

name of the father/husband, as the case may be, of the voter is not

mentioned in the voters list.

2. The present application is filed at the belated stage when the

election is proposed to be held after two days. It seems that, even

though, final list was published much earlier, petitioner came at the last

moment. Ext.P2 list seems to be taken from the existing available

records, based on which, earlier elections were conducted. It is also

seen that the petitioner has not filed any objection raising either of W.P(C).4699/2021

these contentions before the Electoral Officer or the Election

Commission.

3. Learned counsel for the Election Commission invited my

attention to Rule 35A(3A) of the Kerala Co-operative Societies Rules to

contend that the sub-rule acts as a proviso to the earlier Rules and the

Statute has consciously given the option of service of notice as referred

to in Rule 35A(3A) of the Rules. Petitioner has also not pointed out that,

it has caused any prejudice to him or any other member. There is

nothing on record, at present, to show that, other members are not

informed about the process of election notification, which is seen

published in two prominent dailies, as submitted. Further, no such

grievance in writing was submitted to the Electoral Officer.

Having regard to this, I do not find any merit in the Writ Petition,

which is accordingly dismissed.

Sd/-

                                                      SUNIL THOMAS

Sbna                                                     JUDGE
 W.P(C).4699/2021





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           A TRUE PHOTOSTAT COPY OF THE ELECTION

NOTIFICATION DATED 19/1/2021 ISSUED BY THE 1ST RESPONDENT PUBLISHED IN THE MANGALAM DAILY DATED 23.1.2021.

EXHIBIT P2 A TRUE PHOTOSTAT COPY OF THE FINAL VOTERS LIST PUBLISHED.