Anavilasam Service Co-Operative ... vs K.S.Vijayan
2023 Latest Caselaw 5644 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                  &
              THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
        FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                         WA NO. 931 OF 2023
  AGAINST THE ORDER IN WP(C) 14394/2023 OF HIGH COURT OF KERALA
APPELLANT/3RD RESPONDENT:

            ANAVILASAM SERVICE CO-OPERATIVE BANK LTD. NO. 182
            ANAVILASAM.P.O., CHAKKUPALLAM PANCHAYATH, IDUKKI
            DISTRICT, REPRESENTED BY ITS SECRETARY.

            BY ADVS.
            NISHA GEORGE
            GEORGE POONTHOTTAM (SR.)



RESPONDENTS/WRIT PETITIONER & RESPONDENTS 1, 2, 4 TO 6:

    1      K.S.VIJAYAN, AGED 61 YEARS
           S/O.NARAYANAN NAIR, KOCHUPARAMBIL ANAVILASAM P O
           IDUKKI DISTRICT, PIN - 685602

    2      THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
           (GENERAL), IDUKKI, CIVIL STATION, PAINAVU,
           KULIMALA.P.O., PIN - 685603

    3      THE ELECTORAL OFFICER
           ANAVILASAM SERVICE CO-OPERATIVE BANK LTD. NO. 182
           (THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
           (GENERAL), UDUMBANCHOLA], IDUKKI DISTRICT, PIN - 686691

    4      THE KERALA CO-OPERATIVE ELECTION COMMISSION,
           THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.

    5      THE RETURNING OFFICER
           ANAVILASAM SERVICE CO-OPERATIVE BANK LTD. NO. 182
           [THE A&E INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF
           CO-OPERATIVE SOCIETIES (GENERAL), UDUMBANCHOLA], IDUKKI
           DISTRICT, PIN - 686691
 WA NO. 931 OF 2023
                                   2


     6      MANNANAM PREMDAS, (MEMBER NO. 185)
            SUDHEER BHAVAN, ANAVILASAM.P.O., IDUKKI
            DISTRICT.,
            PIN - 685535

            BY ADV M.SASINDRAN
            SMT. M.M.JASMIN-GP



         THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12.05.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WA NO. 931 OF 2023
                                 3


                              JUDGMENT

Devan Ramachandran, J.

This appeal calls into question the correctness of the

interim order dated 05.05.2023, passed by the learned Single

Judge in the writ petition.

2. Sri.George Poonthottam - learned Senior counsel,

instructed by Sri.N.Anand, appearing for the appellant, argues

that the impugned interim order is unnecessary because, as

evident from Ext.R3(f), the number of disputed votes cast in the

ballet box is only 249; while the said document would show that

the difference of votes between the first two candidates is more

than 400, while that between the first candidate and the writ

petitioner is more than 500.

3. Sri.M.Sasindran, appearing for the writ petitioner, did

not oppose the afore submissionS; and the learned Senior

Government Pleader also submitted that, going by the figures

mentioned above, even if the votes cast in the ballot box are to

be counted, the final result of the elections would have no

change.

4. Based on the facts and figures in Ext.R3(f) and since all

the learned counsel also admit to it expressly, we are of the firm

view that the declaration of the results of the elections need not WA NO. 931 OF 2023

be now held up.

Resultantly, this appeal is allowed and the impugned

interim order dated 5.5.2023 is set aside.

Axiomatically, the 5th respondent will be at liberty to take

all legally permissible action forthwith.

Sd/- DEVAN RAMACHANDRAN JUDGE

Sd/- SOPHY THOMAS JUDGE stu