Kerala High Court
Basheer.M vs State Co-Operative Election ... on 9 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Friday, the 9th day of June 2023 / 19th Jyaishta, 1945
WA NO. 1103 OF 2023
AGAINST THE JUDGMENT DATED 24.05.2023 IN WP(C) 15386/2023 OF THIS COURT
APPELLANTS/PETITIONERS:
1. BASHEER M., AGED 73 YEARS, S/O.LATE.MEERASAHIB RAWTHER,VARUVIL
HOUSE,KAMPALADI,PORUVAZHI P.O,KOLLAM, PIN - 690520
2. NAZARUDEEN P., AGED 49 YEARS, S/O.LATE.PAREED RAWYJER
KOLTHACHANAZHIKKAKATHU,KAMPALADY,ORUVAZHY P.O, KOLLAM, PIN - 690520
BY ADV. SHRI. V.PHILIP MATHEWS
RESPONDENTS/RESPONDENTS:
1. STATE CO-OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR,CO-OPERATIVE
BANK TOWERS, VIKAS BHAVAN P.O THIRUVANTHAPURAM-695033,
REPRESENTED BY ITS SRCRETARY
2. DEPUTY DIRECTOR OFFICE OF THE DEPUTY DIRECTOR DIARY DEVELOPMENT
DEPARTMENT KOLLAM, PIN - 691081
3. ELECTORAL OFFICER, DIARY EXTENSION OFFICER ,DIARY EXENSION SERVICE
UNIT SASTHAMKOTTA, KOLLAM, PIN - 690520
4. RETURNING OFFICER, DIARY FARM INSTRUCTOR -B UNIT SASTHAMKOTTA,
KOLLAM, PIN - 690520
5. KAMPALADI KSHEEROLPADAKA SAHAKARANA SANGAM NO.Q 262 (D) APCOS
KAMPALADY,PORUVAZHY P.O, KOLLAM DISTRICT, REPRESENTED BY ITS
SECRETARY, PIN - 690520
6. SECRETARY KAMPALADI KSHEEROLPADAKA SAHAKARANA SANGHAM NO.Q 262(D)
APCOS KAMPALADY,PORUVAZHYP.O,KOLLAM DISTRICT, PIN - 690520
7. H.JALEEL PALLIYADIYIL VADAKKU KAMPALADY,PORUVAZHY P.O,KOLLAM
DISTRICT, PIN - 690520
8. RAVI MOOLASSERIL KAMPALADI, PORUVAZHY,P.O.KOLLAM DISTRICT, PIN -
690520
9. SHAHIDA .S W/O. SAHAL,SAHAL NIVAS THAMARAKKULAM, ALAPPUZHA DISTRICT,
PIN - 690530
10. SHAHUL HAMEED PLAVILAYIL ,KAMPALADI PORUVAZHY.P.O.KOLLAM DISTRICT,
PIN - 690520
11. FAZEELA PARAMPILE VILA ,KAMPALADI,PORUVAZHY.P.O.KOLLAM DISTRICT, PIN
- 690520
12. SUBAIR KUTTY PARAMPILE VILAYIL KAMPALADI,PORUVAZHY.P.O.KOLLAM
DISTRICT, PIN - 690520
13. SULAIMAN RAWTHER NJERINJAM PLAVILA ,KAMALADI, PORUVAZHY.P.O.KOLLAM
DISTRICT, PIN - 690520
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to Pass an interim order directing respondents 1 to 5 to take steps for
preparation and publication of fresh draft/preliminary voters list for
election to fifth respondent society pending disposal of the Writ Appeal.
This Writ Appeal coming on for orders on 09.06.2023, upon perusing
the appeal memorandum, the court on same day passed the following:
A.MUHAMED MUSTAQUE &
SOPHY THOMAS, JJ.
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W.A.No.1103 of 2023
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Dated this the 9th day of June, 2023
ORDER
A.Muhamed Mustaque, J.
Admit. Respondents take notice.
It is submitted that the election did not take place as scheduled on
31.05.2023. On going through Ext.R6(a), we are of the view that the objection
regarding the voters' list had not been adverted to by the Electoral Officer.
When factual grounds have been raised in objection, it cannot be repelled
without adverting to those factual aspects. The very idea of raising objection to
the voters' list is to ensure the democratic nature of election by allowing only
eligible voters to cast their vote. If any of the voters, whose names are figured
in the provisional list are not eligible on any factual aspect, the objection raised
with respect to such inclusion, shall necessarily be considered with such factual
reference and with reasons thereon. Hence we are of the view that the Electoral
Officer shall re-visit the order and pass appropriate orders, on the objections,
with referece to the ground raised therein, giving an opportunity for hearing the
petitioners. Needful shall be done before proceeding further.
Post after a week.
Hand over. Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
DSV/9.6.23 JUDGE
