Kerala High Court
P.B.Karthikeyan Nair vs The State Co-Operative Election ... on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 22228 OF 2022
PETITIONER:
P.B.KARTHIKEYAN NAIR
AGED 79 YEARS
S/O. BALAKRUSHNAN NAIR, RESIDING AT PALAKKATTU HOUSE,
VELLASSERY, KADUTHURUTHY PO, KOTTAYAM - 686 604.
BY ADV T.SHIHABUDHEEN
RESPONDENTS:
1 STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY, 3RD FLOOR,
CO-BANK TOWERS, VIKAS BHAWAN P.O,
THIRUVANANTHAPURAM DISTRICT,
THIRUVANANTHAPURAM, PIN - 695 033.
2 JOINT REGISTRAR (GENERAL),
CO-OPERATIVE SOCIETIES,
OFFICE OF THE JOINT REGISTRAR,
COLLECTORATE BUILDING, KOTTAYAM P.O.,
KOTTAYAM DISTRICT - 686 002.
3 VAIKOM TALUK CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK, VAIKOM P.O,
KOTTAYAM DISTRICT - 686 141,
REPRESENTED BY IT'S SECRETARY IN CHARGE.
SMT. MABLE C. KURIAN, SR.GP.
SRI. C.M. NAZAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22228 OF 2022
2
T.R. RAVI, J.
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W.P.(C)No.22228 of 2022
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Dated this the 07th day of July, 2022
JUDGMENT
The writ petition has been filed seeking the following
reliefs:
"i. to issue a writ of certiorari or any other
appropriate writ, order or direction to call for
the records leading to the issuance of Exhibit-
P1 notification, Exhibit-P2, and Exhibit-P8 and
quash the same by declaring it as
unconstitutional, illegal and arbitrary since it
infringes the Articles Article 243ZN and
243ZP(e) of the Constitution of India as well as
violation of clause (b) read with (ce) of sub-
section 1 of Section 29 of the Kerala Co-
operative Societies Act, 1969;
ii. to issue a writ of mandamus or writ in the
nature of mandamus any other order declaring
that Exhibit-P9, Exhibit-P11, Exhibit-P12 are
legally valid and in accordance with clause (b)
read with (ce) of sub-section 1 of Section 29 of
the Kerala Co-operative Societies Act, 1969;
iii. To issue an order of writ of mandamus or
WP(C) NO. 22228 OF 2022
writ in the nature of mandamus directing the
Respondent to reconsider the Exhibit-P13 by
setting aside Exhibit-P14;
iv. to issue a writ of mandamus or any other
appropriate writ, order or direction to the 1 st
Respondent directing to issue fresh election
notification in light of Exhibit-P13."
2. Ext.P1 that is sought to be set aside is the election
notification which was subject matter of W.P.(C) No.5491 of
2021, that was disposed of by Ext.P5 judgment. A learned
Single Judge of this Court held that fresh steps should be
taken to conduct the election. Ext.P5 judgment was subject
matter of an appeal, which was disposed of by Ext.P6
judgment. In Ext.P6, a Division Bench of this Court specifically
directed the Commission to take necessary steps to resume
the election pursuant to Ext.P1 notification from the stage at
which it was stopped in terms of Ext.P4 order. The direction
of the Division Bench is hence to continue the election process
pursuant to Ext.P1 notification, which is the very same
notification, which has been challenged in this writ petition.
Since there is already a direction by the Division Bench to
WP(C) NO. 22228 OF 2022
continue the election process on the basis of Ext.P1
notification, a fresh writ petition challenging the very same
notification seeking to quash it cannot be entertained and that
too two days prior to the date fixed for the election. The writ
petition is hence dismissed.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 22228 OF 2022
APPENDIX OF WP(C) 22228/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTIFICATION OF THE
FIRST RESPONDENT DATED 27/11/2020.
Exhibit P2 A TRUE COPY OF THE MINUTES OF THE THIRD
RESPONDENT DATED 05/11/2020.
Exhibit P3 A TRUE OF COPY NOTIFICATION NO.
E(2)3601/2020/SCEC DATED 08/01/2021 ISSUED
BY THE FIRST RESPONDENT.
Exhibit P4 A TRUE COPY OF ORDER NO.JRGKTM/876/2020-
CRB DATED 26/02/2021 ISSUED BY THE SECOND
RESPONDENT.
Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.
5491/2021 OF THE HON'BLE COURT DATED
09/04/2020.
Exhibit P6 A TRUE COPY OF THE JUDGMENT OF THE WA
NO.1314/2021 DATED 25/10/2021.
Exhibit P7 A TRUE COPY OF GOVERNMENT ORDER NO.
(P)50/2022/CO-OP DATED 5/4/2022 ISSUED BY
THE GOVERNMENT.
Exhibit P8 A TRUE COPY OF AMENDED NOTIFICATION NO.
E(2)3601/2020/SCEC DATED 17/05/2022,
ISSUED BY THE FIRST RESPONDENT.
Exhibit P9 A TRUE COPY OF THE RELEVANT PAGES OF THE
MINUTES OF THE THIRD RESPONDENT DATED
30/05/2022.
Exhibit P10 A TRUE COPY OF THE RELEVANT PAGES OF THE
NEWSPAPER DATED 19/05/2022.
WP(C) NO. 22228 OF 2022
Exhibit P11 A TRUE COPY OF THE RELEVANT PAGES OF THE
MINUTES OF THE GENERAL BODY MEETING OF THE
THIRD RESPONDENT DATED 04/06/2022.
Exhibit P12 A TRUE COPY OF THE RELEVANT PAGES OF THE
MINUTES OF THE ADMINISTRATIVE COMMITTEE
MEETING OF THE THIRD RESPONDENT DATED
04/06/2022.
Exhibit P13 A TRUE COPY OF THE LETTER OF THE THIRD
RESPONDENT DATED 06/06/2022.
Exhibit P14 THE TRUE COPY OF THE NOTICE DATED
21/06/2022 ISSUED BY THE FIRST RESPONDENT.
