Venugopalan Nair G vs The State Of Kerala
2021 Latest Caselaw 1090 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                     WP(C).No.484 OF 2021(I)


PETITIONER/S:

      1     VENUGOPALAN NAIR G.,
            S/O. GOPINATHAN NAIR, VANIYAM VILAKAM,
            KOONTHALUR, CHIRAYINKEEZH P.O.,
            TRIVANDRUM-695 304.

      2     HAREESH BABU K.A., S/O. HARIJAYAN K.,
            KOCHUVILA VEEDU, KOONTHALUR,
            CHIRAYINKEEZH P.O., TRIVANDRUM-695 304.

      3     TOMY, S/O. SASIDHARAN,
            VATTAVILA VEEDU, KOONTHALUR,
            CHIRAYINKEEZH P.O.,
            TRIVANDRUM-695 304.

      4     VIGNESH HARIJAYAN, S/O. HARIJAYAN,
            THENNIVILAKAM, KOONTHALUR,
            CHIRAYINKEEZH P.O., TRIVANDRUM-695 304.

            BY ADVS.
            SRI.N.NANDAKUMARA MENON (SR.)
            SRI.P.K.MANOJKUMAR

RESPONDENT/S:

      1     THE STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNEMNT,
            CO-OPERATION DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.

      2     THE REGISTRAR OF CO-OPERATIVE SOCIETIES
            CHIRAYINKEEZH, THIRUVANANTHAPURAM-695 304.

      3     THE ELECTORAL OFFICER/ASSISTANT REGISTRAR
            ATTINGAL P.O., THIRUVANANTHAPURAM-695 304.

      4     KIZHUVALLAM SERVICE CO-OPERATIVE BANK LIMITED
            NO.2405, CHIRAYINKEEZH,
            THIRUVANANTHAPURAM-695 304,
            REPRESENTED BY ITS SECRETARY.
 WP(C).No.484 OF 2021(I)
                              2

      5     STATE CO-OPERATIVE ELECTION COMMISSION,
            THIRUVANANTHAPURAM, IIND FLOOR, CO-BANK TOWERS,
            VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.

            R4 BY ADV. SRI.T.R.HARIKUMAR
            R4 BY ADV. SRI.ARJUN RAGHAVAN
            R1 to R3 SR.GP BIMAL K NATH
            SRI R.LAKSHMI NARAYAN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.484 OF 2021(I)
                                3


                           JUDGMENT

By Ext.P1 notification, the schedule of election to the

fourth respondent - Co-operative Society was notified by

the fifth respondent. Objections were invited to the

preliminary voters list, liable to be submitted in between

01.01.2021 to 07.01.2021. The scrutiny was scheduled

on 08.01.2021. According to the petitioners, they

submitted Exts.P2, P3 and P6 objections, raising the

contention that there were enrollments of members,

several dead persons continued in the electoral list and

that several persons, who resided outside the jurisdiction

and who do not have properties within the jurisdiction of

the above Co-operative Society, were enrolled. The

grievance of the petitioners is that there was a possibility

of massive rigging. Relief sought in the Writ Petition was

for a direction to the returning officer to consider the

objections submitted as Exts.P2, P3 and P6.

2. Pursuant to the notice on admission issued, R1

to R3 have appeared through learned senior Government WP(C).No.484 OF 2021(I)

Pleader and R4 and R5 appeared through learned

standing counsel. The learned senior counsel for the

petitioners were also heard.

3. When the matter was taken up, it was

submitted by the learned standing counsel for the

election commission that, representations submitted by

the petitioners were taken up on 08.01.2021 and after

hearing them, the applications were dismissed. It was

submitted by the fourth respondent that petitioners were

present in person and they were also heard before the

orders were passed.

4. Having considered this, I feel that the Writ

Petition cannot survive. Now, the remedy of the

petitioners lie elsewhere. Accordingly, Writ Petition is

closed, reserving the right of the petitioners to seek

appropriate relief in accordance with law.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.484 OF 2021(I)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE PHOTOSTAT COPY OF THE NOTIFICATION DATED 25.12.2020 PUBLISHED BY THE MALAYALA MANORAMA DAILY NEWS PAPER.

EXHIBIT P2 THE PHOTOSTAT COPY OF THE OBJECTION DATED NIL FILED BY THE MEMBERS TO THE ASSISTANT REGISTRAR, CHIRAYINKEEZH.

EXHIBIT P2(A) THE PHOTOSTAT COPY OF THE LIST OF MEMBERS KIZHUVILAM SERVICE CO-

OPERATIVE BANK LTD.NO.2405.

EXHIBIT P3 THE PHOTOSTAT COPY OF THE LIST OF 211 MEMBERS OF THE 4TH RESPONDENT SOCIETY DATED 7.2.2021.

EXHIBIT P4 THE PHOTOSTAT COPY OF THE TRUE EXTRACT OF CLAUSE 4 AND CLAUSE 5(A) OF THE BYE-LAW OF THE 4TH RESPONDENT SOCIETY.

EXHIBIT P5 THE PHOTOSTAT COPY OF THE TRUE EXTRACT OF CLAUSE 4 OF THE BYE-LAWS OF THE 4TH RESPONDENT SOCIETY.

EXHIBIT P6 THE PHOTOSTAT COPY OF THE REPRESENTATION DATED 4.1.2021 SUBMITTED BY THE 2ND PETITIONER TO THE STATE CO-OPERATIVE ELECTION COMMISSION, TVM.

EXHIBIT P6(A) THE PHOTOSTAT COPY OF THE LIST OF PERSONS OF THE 4TH RESPONDENT SOCIETY.

   RESPONDENT'S/S EXHIBITS               NIL