Joseph Alex vs The Returning Officer, Vennala ...
2022 Latest Caselaw 8786 Ker

                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. 21992 OF 2022
PETITIONERS:

     1       JOSEPH ALEX
             AGED 46 YEARS
             S/O. C.A. GEORGE., MEMBERSHIP NO. 12793, VENNALA SERVICE CO-
             OPERATIVE BANK, FORMER COUNCILOR, KOCHI MUNICIPAL
             CORPORATION, CHENGAMPARAMBIL HOUSE, PALARIVATOOM P.O.,
             ERNAKULAM DISTRICT - 682024.
     2       HARIS M.M.
             AGED 54 YEARS
             S/O. M.I.MOHAMED, MADATHIPARAMBIL HOUSE, VENNALA P.O.,
             CHENGAMANAD P.O., ERNAKULAM DISTRICT 682028.
             BY ADVS.
             K.A.MOHAMED HARIS
             P.T.ABHILASH

RESPONDENTS:

     1       THE RETURNING OFFICER, VENNALA SERVICE CO-OPERATIVE BANK
             ELECTIONS
             VENNALA SERVICE CO-OPERATIVE BANK ELECTIONS, VENNALA P.O.,
             ERANAKULAM - 682 028.
     2       VENNALA SERVICE CO-OPERATIVE BANK ELECTIONS,
             VENNALA P.O., ERANAKULAM - 682 028 REPRESENTED BY ITS
             SECRETARY.
     3       JOINT REGISTRAR (GENERAL)
             CO-OPERATIVE, FIFTH FLOOR, NEW BLOCK CIVIL STATION,
             KAKKANAD- 682 030.
     4       ELECTORAL OFFICER
             ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
             KANAYANNOOR, CIRCLE CO-OPERATIVE UNION OFFICE, VALANJAMBALAM
             P.O., ERANKULAM - 682016
     5       THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION
             CO-OPERATIVE BANK TOWER, VIKAS BHAVAN P.O.,
             THIRUVANANTHAPURAM - 695 022.
             BY ADVS.
             SRI.M.M.MONAYE,SC (R2)
             SRI.BIMAL K.NATH, SR.GP
             SRI.C.M.NAZAR, SC (R1,R4&R5)
             M.PAUL VARGHESE
             K.V.SANOSH
             NIRMALA P.V.

     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. 21992 OF 2022                     2

                                  T.R. RAVI, J.
                  --------------------------------------------
                         W.P.(C)No.21992 of 2022
                     --------------------------------------------
                   Dated this the 7th day of July, 2022

                                 JUDGMENT

Admit. Standing counsel takes notice for the 2nd respondent.

Government Pleader takes notice for the 3 rd respondent.

Adv..Sri.C.M.Nazar, Standing Counsel takes notice for respondents 1, 4

and 5.

2. The writ petition has been filed praying for a declaration

that the decision of respondents to conduct elections to the Governing

Committee of 2nd respondent bank is unjust and unfair; for a direction

to the respondents not to conduct election on the day of Eid-ul-Adha;

for a direction to take steps to conduct election on a day other than

Eid day and to inform the voters through appropriate means in

advance. The election is scheduled to be held on 10.07.2022.

3. According to the counsel for petitioner as per the Lunar

Calendar, 10th is the day in which Eid-ul-Adha is celebrated. However,

it is to be noted that the Government calendar shows that Bakrid will

be celebrated on 9/7/2022. There is no further notification to the

effect that Bakrid will be on a day other than 09.07.2022. In the above

circumstances, there is no reason to assume that 10 th is the Eid-ul-

Adha day.

Apart from that, no legal bar is pointed out to conduct the

election on a public holiday. It is for the concerned authority to decide

whether the election to be conducted on a public holiday or not. In

such circumstances, I do not find any ground to interfere with the

election scheduled to be held on 10.07.2022, at this stage, particularly

when arrangements for the election are stated to have been

completed. The writ petition stands dismissed.

Sd/-

T.R.RAVI JUDGE LEK

APPENDIX OF WP(C) 21992/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 13TH APRIL 2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE VOTERS LIST.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 29.06.2022 ISSUED BY THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 01.07.2022 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED NIL.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 04.07.2022 SUBMITTED BEFORE THE 5TH RESPONDENT.