Purushothaman vs The Registrar Of Co-Operative ...
2023 Latest Caselaw 8408 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                       WP(C) NO. 25002 OF 2023
PETITIONER:

    1       PURUSHOTHAMAN,
            AGED 60 YEARS,
            S/O THEVARUKUTTY, MEMBERSHIP NO. 741, THURAVOOR
            PANCHAYAT PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY
            LTD.NO.722, PANDARAPPATTATHIL, VALAMANGALAM SOUTH,
            THURAVOOR, CHERTHALA, PIN - 688 532.
    2       SAILAMMA,
            AGED 52 YEARS,
            MEMBERSHIP NO. 742, THURAVOOR PANCHAYAT PATTIKAJATHI
            SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722,
            PANDARAPPATTATHIL, VALAMANGALAM SOUTH, THURAVOOR,
            CHERTHALA, PIN - 688 532.
    3       SURENDRAN,
            AGED 52 YEARS,
            MEMBERSHIP NO. 619, THURAVOOR PANCHAYAT PATTIKAJATHI
            SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722,
            PANDARAPPATTATHIL, VALAMANGALAM SOUTH, THURAVOOR,
            CHERTHALA, PIN - 688 532.
    4       RAJAPPAN,
            AGED 74 YEARS,
            MEMBERSHIP NO. 728, THURAVOOR PANCHAYAT PATTIKAJATHI
            SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, CHALUCHIRA,
            VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN - 688
            532.
    5       SARROJINI,
            AGED 68 YEARS,
            MEMBERSHIP NO. 729, THURAVOOR PANCHAYAT PATTIKAJATHI
            SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, CHALUCHIRA,
            VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN - 688
            532.
    6       LENIN,
            AGED 46 YEARS,
            MEMBERSHIP NO. 730, THURAVOOR PANCHAYAT PATTIKAJATHI
            SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, CHALUCHIRA,
            VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA,
            PIN - 688 532.
    7       SHEEBA
            AGED 38 YEARS
            MEMBERSHIP NO. 731, THURAVOOR PANCHAYAT PATTIKAJATHI
            SERVICE CO-OPERATIVE SOCIETY LTD. NO. 722, CHALUCHIRA,
            VALAMANGALAM SOUTH, THURAVOOR, CHERTHALA, PIN - 688532
 WP(C) NO. 25002 OF 2023
                            2



    8     THAMPI,
          AGED 43 YEARS,
          MEMBERSHIP NO. 732, THURAVOOR PANCHAYAT
          PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD.
          NO. 722, CHALUCHIRA, VALAMANGALAM SOUTH,
          THURAVOOR, CHERTHALA, PIN - 688532
    9     DAMODARAN,
          AGED 70 YEARS,
          MEMBERSHIP NO. 435, THURAVOOR PANCHAYAT
          PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD.
          NO. 722, KUMMAMPALLI, VALAMANGALAM SOUTH,
          THURAVOOR, CHERTHALA, PIN - 688 532
    10    MANIYAPPAN C.
          AGED 62 YEARS
          MEMBERSHIP NO. 711, THURAVOOR PANCHAYAT
          PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD.
          NO. 722, 'AISWARYA', VALAMANGALAM SOUTH,
          THURAVOOR, CHERTHALA, PIN - 688 532.
    11    VASANTHI,
          AGED 59 YEARS,
          MEMBERSHIP NO.712, THURAVOOR PANCHAYAT
          PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD.
          NO. 722, 'AISWARYA', VALAMANGALAM SOUTH,
          THURAVOOR, CHERTHALA, PIN - 688 532.
    12    RAJAN,
          AGED 60 YEARS,
          MEMBERSHIP NO. 543, THURAVOOR PANCHAYAT
          PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD.
          NO. 722, KAYALKKARA, VALAMANGALAM SOUTH,
          THURAVOOR, CHERTHALA, PIN - 688 532.
    13    SHYLAJA,
          AGED 49 YEARS,
          MEMBERSHIP NO. 544, THURAVOOR PANCHAYAT
          PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD.
          NO. 722, KAYALKKARA, VALAMANGALAM SOUTH,
          THURAVOOR, CHERTHALA, PIN - 688 532.
    14    V.V. PURUSHAN,
          AGED 48 YEARS,
          MEMBERSHIP NO. 703, THURAVOOR PANCHAYAT
          PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD.
          NO. 722, ULLADAMTHARA, VALAMANGALAM SOUTH,
          THURAVOOR, CHERTHALA, PIN - 688 532.
 WP(C) NO. 25002 OF 2023
                            3



    15    SARALA,
          AGED 63 YEARS,
          MEMBERSHIP NO. 129, THURAVOOR PANCHAYAT
          PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD.
          NO. 722, VATTATHARA, VALAMANGALAM SOUTH,
          THURAVOOR, CHERTHALA, PIN - 688 532.
    16    SHYLAJA,
          AGED 52 YEARS,
          MEMBERSHIP NO. 546, THURAVOOR PANCHAYAT
          PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD.
          NO. 722, AARYAKKARA, VALAMANGALAM SOUTH,
          THURAVOOR, CHERTHALA, PIN - 688 532.
          BY ADVS.
          T.KABIL CHANDRAN
          R.ANJALI
          AAYSHATH NAJILA SCHEMNAD


RESPONDENTS:

    1     THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
          DEPARTMENT OF CO-OPERATION, OFFICE OF THE
          REGISTRAR OF CO-OPERATIVE SOCIETIES JAWAHAR
          SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
          THIRUVANANTHAPURAM, PIN - 695 014.
    2     JOINT REGISTRAR,
          ALAPPUZHA DISTRICT LEVEL OFFICER, OFFICE OF THE
          JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
          PAECHI ANGALAMMAN KOVIL TRUST BUILDINGS,
          PAZHAVANGADI JN., IRON BRIDGE P.O., ALAPPUZHA,
          PIN - 688 011.
    3     ASSISTANT REGISTRAR,
          OFFICE OF THE ASSISTANT REGISTRAR OF CO-
          OPERATIVE SOCIETIES, CHERTHALA P.O., ALAPPUZHA,
          PIN - 688 524.
    4     STATE CO-OPERATIVE ELECTION COMMISSIONER,
          STATE CO-OPERATIVE ELECTION COMMISSION, CO-BANK
          TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,
          PIN - 695 033.
    5     ELECTORAL OFFICER/ASSISTANT REGISTRAR
          (GENERAL),
          OFFICE OF THE ASSISTANT REGISTRAR OF CO-
          OPERATIVE SOCIETIES, CHERTHALA P.O., ALAPPUZHA,
          PIN - 688 524.
 WP(C) NO. 25002 OF 2023
                                   4



    6          RETURNING OFFICER/COOPERATIVE SOCIETY INSPECTOR
               (PATTANAKKAD UNIT),
               OFFICE OF THE ASSISTANT REGISTRAR OF CO-
               OPERATIVE SOCIETIES, CHERTHALA P.O., ALAPPUZHA,
               PIN - 688 524.
    7          THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-
               OPERATIVE SOCIETY LTD. NO. 722,
               THURAVOOR P.O., CHERTHALA - 688 532,
               REPRESENTED BY ITS SECRETARY.
    8          THE SECRETARY,
               THURAVOOR PANCHAYAT PATTIKAJATHI SERVICE CO-
               OPERATIVE SOCIETY LTD. NO. 722, THURAVOOR P.O.,
               CHERTHALA,PIN - 688 532.
               BY ADV KAVERY S THAMPI
               BY SMT.C.S.SHEEJA, SR.GP


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   07.08.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 25002 OF 2023
                                   5



                             JUDGMENT

Petitioners have approached this Court being aggrieved by

the fact that a final voters list has been published for holding

elections to the Managing Committee of 7 th respondent Society

without considering the objections preferred by the petitioner

against the preliminary voters list and without including the

names of the petitioners in the final voters list. It is the case of the

learned counsel appearing for the petitioners that the petitioners

have been illegally excluded from the final voters list and

therefore, a direction may be issued to the Returning Officer to

consider the objections and prepare a fresh voters list for holding

elections to the Managing Committee of the 7th respondent Society.

2. The learned Government Pleader appearing for the

respondents, the learned Standing Counsel appearing for the State

Co-operative Election Commission and the learned counsel

appearing for respondents 7 and 8 would submit that in the light

of the principles laid down in Shri Sant Sadguru Janardan Swami

(Moingiri Mharaj) Sahakari Dugdha Utpadak Sanstha and

Another v. State of Maharashtra and Others [2001(8) SCC 509], WP(C) NO. 25002 OF 2023

the writ petition is not maintainable and the remedy, if any, of the

petitioners lies in filing an election petition after the election

process is completed. In paragraph 12 of the judgment in Shri Sant

Sadguru Janardan Swami (supra) it was held as follows:-

"12. In view of our finding that preparation of the electoral roll being an intermediate stage in the process of election of the Managing Committee of a specified society and the election process having been set in motion, it is well settled that the High Court should not stay the continuation of the election process even though there may be some alleged illegality or breach of rules while preparing the electoral roll. It is not disputed that the election in question has already been held and the result thereof has been stayed by an order of this Court, and once the result of the election is declared, it would be open to the appellant to challenge the election of the returned candidate, if aggrieved, by means of an election petition before the Election Tribunal."

3. In the light of the principles laid down by the Supreme

Court in the aforesaid judgment, I am of the view that the

petitioners can only challenge their non-inclusion in the final

voters list by filing an election petition after the election process is

completed. It will not be proper or legal for this Court to issue any

orders in the light of the principles laid down in Shri Sant Sadguru

Janardan Swami(supra). The writ petition is accordingly WP(C) NO. 25002 OF 2023

dismissed, making it clear that the dismissal of this writ petition

will not stand in the way of the petitioners seeking statutory

remedies after the election process is completed.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 25002 OF 2023

APPENDIX OF WP(C) 25002/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ELECTION NOTIFICATION NO.01/1132/2023/E(1)S.C.E.C DATED 05.07.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P2 A TRUE COPY OF THE ELECTION GENERAL BODY NOTICE DATED 06.07.2023 PUBLISHED BY THE 8TH RESPONDENT Exhibit P3 A TRUE COPY OF THE PRELIMINARY ELECTORAL ROLL/VOTERS LIST DATED 07.07.2023 PUBLISHED BY THE 5TH RESPONDENT Exhibit P4 A TRUE COPY OF COMPLAINT/OBJECTION DATED 11.07.2023 SUBMITTED TO THE 5TH RESPONDENT Exhibit P5 A TRUE COPY OF COMPLAINT/OBJECTION DATED 11.07.2023 SUBMITTED TO THE 6TH RESPONDENT Exhibit P6 A TRUE COPY OF THE FINAL ELECTORAL ROLL/VOTERS LIST DATED 19.07.2023 PUBLISHED BY THE 5TH RESPONDENT Exhibit P7 A TRUE COPY OF COMPLAINT/OBJECTION DATED 14.07.2023 SUBMITTED BY THE 1ST PETITIONER TO THE 5TH RESPONDENT Exhibit P8 A TRUE COPY OF COMPLAINT/OBJECTION DATED 14.07.2023 SUBMITTED BY THE 1ST PETITIONER TO THE 6TH RESPONDENT Exhibit P9 A TRUE COPY OF COMPLAINT SUBMITTED BY SRI.C.T.PURUSHAN, SRI.T.ANIRUDHAN AND SMT.MINIMOL TO THE 5TH RESPONDENT Exhibit P10 A TRUE COPY OF THE CIRCULAR NO.

03/2011 DATED 09.06.2011 IN NO. E(2) 399/2011 S.C.E.C ISSUED BY THE 4TH RESPONDENT