Citation : 2021 Latest Caselaw 3356 Ker
Judgement Date : 29 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942
WP(C).No.1713 OF 2021(L)
PETITIONERS:
1 VELAYUDHAN
AGED 63 YEARS
S/O. KORAN,
THEKKATHUVALAPPIL PANIYIL,
KARIKKADU P.O,
THRISSUR 680 519
2 ENSON V.V,
AGED 38 YEARS
S/O. APPAPPU,
VAZHAPPULLI HOUSE,
KARIKKADU P.O,
KOTTOL,
THRISSUR 680 519
3 ABDUL KAREEM,
AGED 62 YEARS
S/O. MUHAMMEDALI,
MANKULANGARA,
KARIKKADU P.O,
THRISSUR 680 519
4 ABDUL SALAM,
AGED 47 YEARS
S/O. MUHAMMED,
VATTAPARAMBIL HOUSE,
KARIKKADU P.O,
THRISSUR 680 519
BY ADVS.
SRI.SAIJO HASSAN
SRI.BENOJ C AUGUSTIN
SRI.RAFEEK. V.K.
SRI.U.M.HASSAN
SMT.P.PARVATHY
SMT.SURYA P SHAJI
SHRI.MANAS P HAMEED
SMT.AATHIRA SUNNY
SHRI.ELDHO.N.MONCY
WP(C).No.1713 OF 2021
2
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION
OFFICE OF KERALA STATE ELECTION COMMISSION,
THIRUVANANTHAPURAM 695 001
2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
THRISSUR DISTRICT 680 001
3 THE SECRETARY,
KADAVALLUR SERVICE CO-OPERATIVE BANK LTD, NO 3821,
KADAVALLUR, THRISSUR 680 519
4 KADAVALLUR SERVICE CO-OPERATIVE BANK LTD
REPRESENTED BY ITS SECRETARY,
NO. 3821,
KADAVALLUR, THRISSUR 680 519
R3 BY ADV. SRI.P.C.SASIDHARAN
SR.GP K.P HARISH,SC SRI.R.LAKSHMI NARAYAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1713 OF 2021
3
JUDGMENT
Dated this the 29th day of January 2021
The grievance of the petitioners herein who are
the members of the fourth respondent Co-operative
Bank is that, they have not been issued identity
card/duplicate identity card for the election, which
was proposed to be held on 24.01.2021.
2. When the matter was taken up, it was
submitted by the learned counsel for the contesting
respondents that, the election was conducted and the
matter has become infructuous.
3. The petitioners have a grievance that, they
have not been issued with the identity card. The
respondent Nos.3 and 4 have filed a counter affidavit
where in it is specifically stated that, all the
three petitioners were issued with the identity
cards. The first petitioner lost his identity card
and he applied for a duplicate card, which was issued
on 15.01.2021. It is further stated that, the second
petitioner and third petitioner were also issued the WP(C).No.1713 OF 2021
identity cards. Second petitioner applied for a
duplicate card which was also issued to him. Copy of
the 6B register to evidence it, was also produced
along with the counter.
Having considered this, I find absolutely no
bona fides in the writ petition by moving this Court
on the eve of the election only to seek postponement
of election under same pretext. Their claim is that,
they have not been issued with the identity cards is
falsified by the counter. Even if, the petitioners
had any genuine grievance, they ought to have invoked
Rule 16D, the provision for appeal. The writ petition
is disposed of with above observation.
Sd/-
SUNIL THOMAS
JUDGE
Jms //True Copy// P.A to Judge
WP(C).No.1713 OF 2021
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF VOTERS
LIST PUBLISHED BY THE 3RD RESPONDENT
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 16-
01-2021 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 18-
01-2021 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 18-
01-2021 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R3 A TRUE COPY OF THE 6B REGISTER TO EVIDENCE THE ISSURANCE OF THE IDENTITY CARDS
//True Copy// P.A to Judge
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