Kerala High Court
M. Krishnankutty vs The State Of Kerala on 10 May, 2022
WP(C) No.14710/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Tuesday, the 10th day of May 2022 / 20th Vaisakha, 1944
WP(C) NO. 14710 OF 2022(K)
PETITIONER:
M. KRISHNANKUTTY, AGED 55 YEARS, S/O MADHU, PRESIDENT, MUNDELA MILK
PRODUCERS CO-OPERATIVE SOCIETY LTD NO. T 86 (D) APCOS MUNDELA P.O,
THIRUVANANTHAPURAM, PIN - 695543
RESPONDENTS:
1. THE STATE OF KERALA, DEPARTMENT OF AGRICULTURE SECRETARIAT,
THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN - 695001
2. DIRECTOR OF DAIRY DEVELOPMENT, DAIRY DEVELOPMENT DEPARTMENT, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
3. THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, DISTRICT OFFICE, PATTAM
P.O THIRUVANANTHAPURAM- 695 004
4. THE THIRUVANANTHAPURAM REGIONAL MILK PRODUCERS UNION LTD. NO. T 177
(D) APCOS, KSHEERA BHAVAN, PATTOM, THIRUVANANTHAPURAM,REPRESENTED BY
ITS MANAGING DIRECTOR, PIN - 695004
5. THE RETURNING OFFICER, THE THIRUVANANTHAPURAM REGIONAL MILK
PRODUCERS UNION LTD. NO. T 177 (D) APCOS., KSHEERA BHAVAN,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
6. THE ASSISTANT RETURNING OFFICER, THE THIRUVANANTHAPURAM REGIONAL
MILK PRODUCERS UNION LTD. NO. T 177 (D) APCOS., KSHEERA BHAVAN,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
7. THE STATE CO-OPERATIVE ELECTION COMMISSION, III FLOOR, CO - BANK
TOWERS, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM REPRESENTED
BY ITS SECRETARY, PIN - 695033
8. K. MURALIDHARAN, PRESIDENT, KONCHIRA KSHEEROLPADAKA SAHAKARNA
SANGHOM, KONCHIRA P.O., VEMBAYAM, THIRUVANANTHAPURAM, PIN - 695615
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct Respondent No.5 to declare petitioner as elected to the
Managing-Committee of Respondent No.4 from the Schedule Caste/Schedule
Tribe category provisionally pending disposal of the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.N.ANAND & RAJESH O.N., Advocates for the petitioner and of GOVERNMENT
PLEADER for rspondents 1 to 3, the court passed the following:-
P.T.O.
WP(C) No.14710/2022 2/4
T.R.RAVI, J.
===========================
W.P(C) No.14710 OF 2022
============================
Dated this the 10th day of May, 2022
ORDER
The service of notice to the 8th respondent is not completed
yet. The petitioner points out that in Ext.P6, a Division Bench of
this Court had specifically held that if the votes cast by the
delegates of the societies under the control of
Administrators/Administrative Committee does not impact the result
of the election, the Returning Officer is not precluded from
declaring the result. It is submitted that Ext.P8 will show that the
votes cast in favour of the writ petitioner are 150 in box 1 and
boxes 2 and 3 having 1 vote each, totalling to 152 and the 8 th
respondent had secured only 133 votes in box 1 and 14 and 3
votes in boxes 2 and 3 respectively, totalling to 150.
2. It is thus evident that the votes in boxes 2 and 3 does not
really impact the election and hence, going by the directions of the
Division Bench, the Returning Officer is free to declare the result
of the election as far as the petitioner is concerned. Since the
WP(C) No.14710/2022 3/4
W.P(C) No.14710 OF 2022
service is not complete, there will be a direction to the Returning
Officer to declare that the petitioner stands elected provisionally,
subject to further orders in this writ petition.
H/o
Sd/-
T.R.RAVI
JUDGE
ssa/
10-05-2022 /True Copy/ Assistant Registrar
WP(C) No.14710/2022 4/4
APPENDIX OF WP(C) 14710/2022
Exhibit-P6 TRUE COPY OF THE JUDGMENT DATED 08.04.2022 PASSED BY
THE DIVISION BENCH OF THIS HON'BLE COURT IN W.A. NO.
413 OF 2022
Exhibit-P8 TRUE COPY OF THE RESULT SHEET DATED NIL PUBLISHED BY
RESPONDENT NO. 5- ASSISTANT RETURNING OFFICER
