Chandini P vs State Co-Operative Election ...
2022 Latest Caselaw 6818 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                         WP(C) NO.18310 OF 2022
PETITIONER :-

            CHANDINI P.,
            AVITTAM, KOCHUKANNANKARA, MANNADY P.O.,
            PATHANAMTHITTA - 691 530, WORKING AS H.S.S.T.,
            DEVASWOM BOARD HIGHER SECONDARY SCHOOL,
            THIRUVALLA, PATHANAMTHITTA.

            BY ADVS.
            K.P.SATHEESAN (SR.)
            P.MOHANDAS (ERNAKULAM)
            K.SUDHINKUMAR
            S.K.ADHITHYAN
            SABU PULLAN
            GOKUL D. SUDHAKARAN


RESPONDENTS :-

    1       STATE CO-OPERATIVE ELECTION COMMISSIONER,
            OFFICE OF THE STATE CO - OPERATIVE ELECTION COMMISSION,
            COBANK TOWERS, VIKAS BHAVAN,
            THIRUVANANTHAPURAM - 695 033.

    2       THE RETURNING OFFICER,
            PUTHUSSERY ADHYAPAKA CO-OPERATIVE BANK LTD. NO.A-300,
            PUTHUSSERY, THIRUVALLA, PATHANAMTHITTA - 689 602.

    3       THE STATION HOUSE OFFICER,
            KEEZHVAIPUR POLICE STATION, KEEZHVAIPUR P.O.,
            PATHANAMTHITTA - 689 587.

    4       PUTHUSSERY ADHYAPAKA CO OPERATIVE BANK LTD NO. A-300,
            REPRESENTED BY ITS SECRETARY, PUTHUSSERY, THIRUVALLA,
            PATHANAMTHITTA - 689 602.

            BY ADVS.
            M.M.MONAYE
            M.PAUL VARGHESE
            C.M.NAZAR
            SRI.T.K.SHAJAHAN, SR.GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.18310 OF 2022

                                   -: 2 :-


                               JUDGMENT

Dated this the 14th day of June, 2022

This writ petition has been filed seeking directions to

respondents 2 and 3 to take necessary steps to see that the

elections to the Managing Committee of the Society are conducted

in accordance with the rules and in a peaceful manner. It is

submitted that the election was conducted on 11.6.2022.

2. The learned Senior Counsel appearing for the petitioner

raises certain contentions with regard to the conduct of the

election.

I am of the opinion that the matter is to be raised

appropriately in an election dispute. In view of the fact that the

election had been conducted and that the videography of the

proceedings have also been done by the Returning Officer, I am of

the opinion that nothing survives for consideration in this writ

petition. The writ petition is, accordingly, closed without prejudice

to the contentions of the parties to be raised in appropriate

proceedings.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/16.6.2022 WP(C) NO.18310 OF 2022

APPENDIX OF WP(C) 18310/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ELECTION NOTIFICATION NO.

01/441/2022/E (2) SCEC DATED 25.04.2022 ISSUED BY THE IST RESPONDENT.

Exhibit P2 TRUE COPY OF THE LIST OF THE CANDIDATES WHOSE NOMINATIONS WERE ACCEPTED BY THE 2ND RESPONDENT PUBLISHED NON 27.5.2022.

Exhibit P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 3.6.2022.

Exhibit P4 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 3.6.2022.