Paulson Joseph vs The State Co-Operative Election ...
2021 Latest Caselaw 2955 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                       WP(C).No.746 OF 2021(P)


PETITIONERS:

      1        PAULSON JOSEPH
               AGED 58 YEARS
               RESIDING AT VALIATHARAYIL,
               CHEMMANATHUKARA P O,
               VAIKOM, KOTTAYAM,
               PRESIDENT,
               VAIKOM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL
               DEVELOPMENT BANK LTD NO.951,
               VAIKOM,
               KOTTAYAM DISTRICT.

      2        MADHAVANKUTY
               RESIDING AT KARUKAYIL,
               KIZHAKKENADA,
               KOTTAYAM,
               MANAGING COMMITTEE MEMBER,
               VAIKOM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL
               DEVELOPMENT BANK LTD NO.951,
               VAIKOM,
               KOTTAYAM DISTRICT.

      3        K S BIJUMON
               RESIDING AT NANDANAM,
               MARAVANTHURUTHU P O,
               VAIKOM, KOTTAYAM,
               MANAGING COMMITTEE MEMBER,
               VAIKOM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL
               DEVELOPMENT BANK LTD NO.951,
               VAIKOM,
               KOTTAYAM DISTRICT.

      4        THANKAMMA VARGHESE
               RESIDING AT AARAKKAL HOUSE,
               IRUMPAYAM P O,
               KOTTAYAM,
               MANAGING COMMITTEE MEMBER,
               VAIKOM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL
               DEVELOPMENT BANK LTD NO.951,
               VAIKOM,
               KOTTAYAM DISTRICT.
 WP(C).No.746 OF 2021

                                    2

       5       BIJUMON M K
               RESIDING AT MOOZHIYIL HOUSE,
               IRUMBAYAM P O,
               KOTTAYAM,
               MANAGING COMMITTEE MEMBER,
               VAIKOM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL
               DEVELOPMENT BANK LTD NO.951,
               VAIKOM,
               KOTTAYAM DISTRICT.

       6       VAIKOM TALUK CO-OPERATIVE
               AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.951,
               REPRESENTED BY ITS SECRETARY,
               VAIKOM,
               KOTTAYAM DISTRICT-696141.

               BY ADVS.
               SRI.P.N.MOHANAN
               SRI.C.P.SABARI
               SMT.AMRUTHA SURESH

RESPONDENTS:

       1       THE STATE CO-OPERATIVE ELECTION COMMISSION
               REPRESENTED BY ELECTION COMMISSIONER,
               3RD FLOOR, CO-BANK TOWERS,
               PALAYAM, VIKAS BHAVAN P O,
               THIRUVANANTHAPURAM-6955033.

       2       ELECTORAL OFFICER
               TO VAIKOM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL
               DEVELOPMENT BANK LTD,
               ASSISTANT REGISTRAR OF CO-OPERATIVE
               SOCIETIES(GENERAL)
               VAIKOM,
               KOTTAYAM DISTRICT-696141.

       3       RETURNING OFFICER
               TO VAIKOM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL
               DEVELOPMENT BANK LTD,
               VAIKOM UNIT INSPECTOR,
               ASSISTANT REGISTRAR GENERAL OFFICE,
               VAIKOM,
               KOTTAYAM DISTRICT-696141.

       4       JOSE PUTHENKALA
               PUTHENKALAYIL HOUSE,
               MANNAR,
               POOZHIKOL P O,
               KADUTHURUTHI,
 WP(C).No.746 OF 2021

                                  3

               KOTTAYAM-686604.

       5       THE JOINT REGISTRAR
               OF CO-OPERATIVE SOCIETIES(GENERAL),
               OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
               SOCIETIES,
               COLLECTERATE POST,
               KOTTAYAM-686001.

               R4 BY ADV. SRI.T.SHIHABUDHEEN

               SR.GP BIMAL K NATH,
               SC SRI.LAKSHMI NARAYAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.746 OF 2021

                                    4




                                JUDGMENT

Dated this the 27th day of January 2021

When the matter was taken up, the learned

counsel for the petitioners submitted that, the

committee has been superseded. He proposes to

challenge that order. Accordingly, the writ petition

is dismissed as not pressed, without prejudice the

right of the writ petitioners to challenge the order

of supersession.

The writ petition is closed as not pressed.

Sd/-

SUNIL THOMAS JUDGE

Jms //True Copy// P.A to Judge WP(C).No.746 OF 2021

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 28/10/2020 IN WPC NO.8243/2020.

EXHIBIT P2 A TRUE COPY OF THE ELECTION NOTIFICATION DATED 27/11/2020 OF THE ELECTION COMMISSION.

EXHIBIT P3 A TRUE COPY OF THE OBJECTION DATED 11.

12.2020 SUBMITTED BY SRI JOSE PUTHENKALA BEFORE THE ELECTORAL OFFICER.

EXHIBIT P4 A TRUE COPY OF THE OBJECTION DATED 11.12.2020 SUBMITTED BY SRI JAYAN B BEFORE THE ELECTORAL OFFICER.

EXHIBIT P5 A TRUE COPY OF THE OBJECTION DATED 11.12.2020 SUBMITTED BY SMT.ANNAMMA RAJU BEFORE THE ELECTORAL OFFICER.

EXHIBIT P6 A TRUE COPY OF THE RELEVANT FIRST AND LAST PAGES OF THE FINAL VOTERS LIST.

EXHIBIT P7 A TRUE COPY OF THE FINAL LIST OF CANDIDATES PUBLISHED BY THE RETURNING OFFICER.

EXHIBIT P8 A TRUE COPY OF THE MODEL BALLOT PAPERS SUPPLIED BY THE RETURNING OFFICER.

EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 08.01.2021 OF THE FIRST RESPONDENT.

EXHIBIT P10 A TRUE COPY OF THE JUDGMENT REPORTED IN AIR 2001 SC 3982.

EXHIBIT P11 A TRUE COPY OF THE JUDGMENT DATED 23.12.2015 IN WPC NO.38391/2015.

EXHIBIT P12 A TRUE COPY OF THE JUDGMENT DATED 17.12.2020 IN WPC NO.25091/2020.

EXHIBIT P13 A TRUE COPY OF THE JUDGMENT DATED 06.01.2021 IN WPC NO.226/2021.

                                //True Copy//    P.A to Judge