A.Muralidharan vs The State Co-Operative Election ...
2021 Latest Caselaw 9872 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.7700 OF 2021(J)


PETITIONERS:

      1        A.MURALIDHARAN
               AGED 60 YEARS
               S/O. NO.APPUKUTTAN, MURALI MANDIRAM, KUREEPUZHA,
               KAVANADU P.O., KOLLAM - 691 003

      2        K.R. SHINE,
               AGED 48 YEARS
               S/O. K.G. RAMACHANDRAN,
               KODOOR HOUSE, KALLELIBHAGOM, KARUNAGAPPALLY, KOLLAM -
               690 519

               BY ADVS.
               SHRI.C.S.AJITH PRAKASH
               SHRI.T.K.DEVARAJAN
               SRI.FRANKLIN ARACKAL
               SRI.PAUL C THOMAS
               SHRI.BABU M.
               SHRI.NIDHIN RAJ VETTIKKADAN
               SRI.HAARIS MOOSA
               SMT.DEVYANI
               SMT.NIKHITA ANN REBELLO
               SHRI.ADESH JOSHI

RESPONDENTS:

      1        THE STATE CO-OPERATIVE ELECTION COMMISSION,
               REPRESENTED BY ITS SECRETARY, 3RD FLOOR, CO-BANK
               TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN -
               695 033.

      2        THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
               SAHAKARANA BHAWAN, DPI JUNCTION, THYCAUD P.O.,
               THIRUVANANTHAPURAM - 695 014

      3        THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
               (GENERAL), IDUKKI, PAINAVU, IDUKKI DISTRICT, PIN -
               685 603

      4        THE ELECTORAL OFFICER / THE ASSISTANT REGISTRAR OF
               CO-OPERATIVE SOCIETIES (GENERAL), THODUPUZHA, IDUKKI
               DISTRICT, PIN - 685 584
 WP(C).No.7700 OF 2021(J)

                               2


      5      THE RETURNING OFFICER / UNIT INSPECTOR, B UNIT,
             OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
             SOCIETIES (GENERAL), THODUPUZHA, IDUKKI DISTRICT,
             PIN - 685 584

      6      THE KERALA STATE LEGAL METROLOGY LICENSEES AND
             TECHNICIANS CO-OPERATIVE SOCIETY LTD. NO.4473
             REPRESENTED BY ITS SECRETARY, OPP. CIVIL STATION,
             MARIYIL TOWER, THODUPUZHA, IDUKKI DISTRICT, PIN -
             685 584

      7      THE ADMINISTRATIVE COMMITTEE OF THE KERALA STATE
             LEGAL METROLOGY LICENSEES AND TECHNICIANS CO-
             OPERATIVE SOCIETY LTD. NO.4473 REPRESENTED BY ITS
             CONVENOR, OPP. CIVIL STATION, MARIYIL TOWER,
             THODUPUZHA, IDUKKI DISTRICT, PIN - 685 584


OTHER PRESENT:

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

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7700 OF 2021(J)

                                          3




                              JUDGMENT

Dated this the 24th day of March 2021

The petitioner is challenging the proposed election

to be conducted on 25.03.2021. By common judgment

in W.P.(C.) No. 5145 of 2021 and conn. cases

pronounced yesterday, the notification to the extend of

conducting the election on 25.03.2021 has been

quashed and necessarily, the election will not be held

on 25.03.2021.

In the light of that judgment, no further orders are

required in this writ petition. Accordingly, the writ

petition is closed.

Sd/-

SUNIL THOMAS

JUDGE

SKP/26-3 WP(C).No.7700 OF 2021(J)

APPENDIX PETITIONERS'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE BYE-LAW OF THE 6TH RESPONDENT SOCIETY

EXHIBIT P2 A TRUE COPY OF THE SECTION 65 ENQUIRY REPORT

EXHIBIT P3 A TRUE COPY OF THE COUNTER AFFIDAVIT DATED 05.02.2020 FILED BY THE 3RD RESPONDENT IN W.P.(C.) NO.18775/2019

EXHIBIT P4 A TRUE COPY OF THE ELECTION NOTIFICATION WITH THE CALENDAR OF ELECTION NO.01/165/2021/E(1)/SCEC DATED 28.01.2021 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P5 A TRUE COPY OF THE OBJECTION DATED 26.02.2021 FILED BY THE 2ND PETITIONER

EXHIBIT P6 A TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER DATED 26.02.2021

EXHIBIT P7 A TRUE COPY OF THE FINAL VOTERS LIST PUBLISHED FOR THE PURPOSE OF ELECTION SCHEDULED 25.03.2021

RESPONDENTS'S EXHIBITS:NIL TRUE COPY P.A. TO JUDGE