C.K.Madhavan vs The State Cooperative Election ...
2023 Latest Caselaw 10959 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                   &
           THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                          WA NO. 1672 OF 2023
   AGAINST THE ORDER/JUDGMENT WP(C) 25543/2023 OF HIGH COURT OF
                                KERALA
APPELLANTS/PETITIONERS:

    1     T.S. SAJEESH
          AGED 47 YEARS
          S/O.SASIDHARAN, THEVARKKATTIL, AAMALA,
          THRIKKARIYOOR P.O, ERNAKULAM DISTRICT, (MEMBER NO:5084)
          PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E- 25,
          CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT - 686692
    2     S.K.IBRAHIM
          AGED 65 YEARS
          S/O.KUNJUBHAVA SAITHUKUDIYIL HOUSE, THRIKKARIYOOR P.O,
          ERNAKULAM DISTRICT, (MEMBER NO. 2043),
          PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E-25,
          CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT - 686692
    3     P.A.KUNJAPPAN
          AGED 85 YEARS
          S/O.AYYAPPAN, PAYYANA HOUSE, PINDIMANA P.O.,
          ERNAKULAM DISTRICT, (MEMBERNO.766), PINDIMANA SERVICE
          CO-OPERATIVE BANK LTD.NO.E-25, CHELAD P O,
          KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686692
    4     M.N.SIVAN
          AGED 68 YEARS
          S/O.NARAYAN, MARIYELIL HOUSE, THRIKKARIYOOR P.O,
          ERNAKULAM DISTRICT, (MEMBER NO.1261), PINDIMANA SERVICE
          CO-OPERATIVE BANK LTD.NO.E-25, CHELAD P O,
          KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686692
          BY ADV RESHMA E.
RESPONDENTS/RESPONDENTS:

1 THE STATE CO-OPERATIVE ELECTION COMMISSION OFFICE OF THE STATE CO-OPERATIVE ELECTION COMMISSION, VIKAS BHAVN, THIRUVANANTHAPURAM, PIN - 695033 2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL), COLLECTORATE, CIVIL STATION, KAKKANADU, ERNAKULAM DISTRICT, PIN - 682030 WA NO.1672/2023 and con. cases

3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES, KOTHAMANGLAM, ERNAKULAM DISTRICT, PIN - 686691 4 THE RETURNING OFFICER THE PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E-25, CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT- 686068 5 PINDIMANA SERVICE CO-OPERATIVE BANK LTD NO.E-25, CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT REPRESENTED BY IT'S SECRETARY, PIN - 686681 6 THE UNIT INSPECTOR KOTHAMANGALAM UNIT AND THE INQUIRY OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KOTHAMANGLAM, ERNAKULAM DISTRICT, PIN - 686691 7 THE MANAGING COMMITTEE PINDIMANA SERVICE CO-OPERATIVE BANK, LTD. NO.E25, CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT REPRESENTED BY IT'S PRESIDENT, PIN - 686068 SRI.C.M.NAZAR, SC, EC SMT.NISHA GEORGE SRI.GEORGE POONTHOTTAM (SR.)(K/000570/1979) SRI.P.P.THAJUDEEN, SPL.GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.10.2023, ALONG WITH WA.1682/2023, 1695/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA NO.1672/2023 and con. cases

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945 WA NO. 1682 OF 2023 AGAINST THE ORDER/JUDGMENT WP(C) 27156/2023 OF HIGH COURT OF KERALA APPELLANTS/PETITIONERS:

     1      C.K.MADHAVAN,
            AGED 51 YEARS

S/O.KUNJAN, KOZHIKKARA HOUSE, CHEMMANAD, MALIPPARA P.O, ERNAKULAM DISTRICT, PIN - 686692,(MEMBER NO.1015), PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25, CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT - 686681 2 NIBI KUTTAPPAN, AGED 42 YEARS S/O. I.V.KUTTAPPAN, IKKERA HOUSE, CHELOD P.O, ERNAKULAM DISTRICT, PIN - 686681 (MEMBER NO. 6388) PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25, CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686681 3 AMAL K SAJU AGED 28 YEARS S/O.SAJU K A, KOZHIKKARA HOUSE, PINDIMANA P O. ERNAKULAM DISTRICT, PIN - 686692. (MEMBER NO. 6754), PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25, CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686681 4 ANEESH THANKAPPAN AGED 39 YEARS, S/O.P V THANKAPPAN, POKKAT HOUSE, MALIPPARA P O. ERNAKULAM DISTRICT, PIN - 686692. (MEMBER NO. 4143) PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25, CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686681 5 LEENA DIVAKARAN AGED 56 YEARS, S/O.P B DIVAKARAN, PLAMKOOTTATHIL HOUSE, THRIKKARIYOOR P O. ERNAKULAM DISTRICT, PIN - 686692. (MEMBER NO. 4567), PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25, CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686681 WA NO.1672/2023 and con. cases

6 LENIN SAHADEVAN, AGED 37 YEARS S/O. SAHADEVAN, INJAPPILLIL HOUSE, PINDIMANA P O. ERNAKULAM DISTRICT, PIN - 6860681. (MEMBER NO. 4281) PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25, CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686681 BY ADV RESHMA E.

RESPONDENTS/RESPONDENTS:

1 THE STATE COOPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM, PIN - 695033 2 THE ELECTORAL OFFICER/ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691 3 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES GENERAL), COLLECTORATE, CIVIL STATION, KAKKANADU, ERNAKULAM DISTRICT, PIN - 682030 4 RETURNING OFFICER/UNIT INSPECTOR OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), KOTHAMANGLAM, ERNAKULAM DISTRICT, PIN - 686691 5 PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25 CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT REPRESENTED BY IT'S SECRETARY., PIN - 686681 6 THE MANAGING COMMITTEE PINDIMANA SERVICE COOPERATIVE BANK, LTD.NO.E-25, CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT REPRESENTED BY IT'S PRESIDENT., PIN - 686681 SRI.C.M.NAZAR, SC, EC SMT.NISHA GEORGE SRI.GEORGE POONTHOTTAM (SR.)(K/000570/1979) SRI.P.P.THAJUDEEN, SPL.GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.10.2023, ALONG WITH WA.1672/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA NO.1672/2023 and con. cases

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945 WA NO. 1695 OF 2023 AGAINST THE ORDER/JUDGMENT WP(C) 27388/2023 OF HIGH COURT OF KERALA APPELLANTS/3RD PARTY:

     1      C.K.MADHAVAN,
            AGED 51 YEARS

S/O.KUNJAN, KOZHIKKARA HOUSE , CHEMMANAD, MALIPPARA P.O, ERNAKULAM DISTRICT, PIN - 686692. (MEMBER NO. 1015) ,PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686681 2 NIBI KUTTAPPAN AGED 42 YEARS S/O. I.V.KUTTAPPAN, IKKERA HOUSE, CHELOD P.O, ERNAKULAM DISTRICT, PIN - (MEMBER NO. 6388), PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25, CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686681 3 AMAL K SAJU, AGED 28 YEARS S/O.SAJU K A, KOZHIKKARA HOUSE, PINDIMANA P O. ERNAKULAM DISTRICT,(MEMBER NO. 6754) PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25, CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686681 4 ANEESH THANKAPPAN AGED 39 YEARS, S/O.P V THANKAPPAN,POKKAT HOUSE,MALIPPARA P O. ERNAKULAM DISTRICT, (MEMBER NO. 4143),,PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E- 25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT- 686681 5 LEENA DIVAKARAN, AGED 56 YEARS S/O.P B DIVAKARAN,PLAMKOOTTATHIL HOUSE, THRIKKARIYOOR P O. ERNAKULAM DISTRICT, (MEMBER NO. 4567),PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686681 WA NO.1672/2023 and con. cases

6 LENIN SAHADEVAN AGED 37 YEARS S/O. SAHADEVAN,INJAPPILLIL HOUSE , PINDIMANA P O. ERNAKULAM DISTRICT, (MEMBER NO. 4281)PINDIMANA SERVICE COOPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN - 686681 7 T.S .SAJEESH AGED 47 YEARS S/O.SASIDHARAN, THEVARKKATTIL, AAMALA, THRIKKARIYOOR P.O, ERNAKULAM DISTRICT, (MEMBER NO: 5084),PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN - 686681 8 S.K.IBRAHIM, AGED 65 YEARS S/O.KUNJUBHAVA SAITHUKUDIYIL HOUSE , THRIKKARIYOOR P.O, ERNAKULAM DISTRICT, (MEMBER NO. 2043) PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN - 686681 9 P.A.KUNJAPPAN AGED 85 YEARS S/O.AYYAPPAN, PAYYANA HOUSE, PINDIMANA P.O.,ERNAKULAM DISTRICT, PIN (MEMBERNO.766), PINDIMANA SERVICE CO- OPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN - 686681 10 M.N.SIVAN, AGED 68 YEARS S/O.NARAYAN, MARIYELIL HOUSE, THRIKKARIYOOR P.O, ERNAKULAM DISTRICT (MEMBER NO.1261), PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E-25,CHELAD P O, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN - 686681 BY ADV RESHMA E.

RESPONDENTS/PETITIONER & RESPONDENT NO.1 TO 4 IN WPC:

1 THE MANAGING COMMITTEE PINDIMANA SERVICE CO-OPERATIVE BANK, LTD.NO.E-25, CHELAD P O, ERNAKULAM DISTRICT, REPRESENTED BY IT'S PRESIDENT., PIN - 686692 2 THE SECRETARY PINDIMANA SERVICE CO-OPERATIVE BANK LIMITED NO. E 25, CHELAD POST, ERNAKULAM DISTRICT, PIN - 686692 3 THE STATE CO-OPERATIVE ELECTION COMMISSION OFFICE OF THE STATE CO-OPERATIVE ELECTION COMMISSION VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 WA NO.1672/2023 and con. cases

4 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691 5 THE RETURNING OFFICER PINDIMANA SERVICE CO-OPERATIVE BANK LIMITED NO. E 25, CHELAD POST, ERNAKULAM DISTRICT, PIN - 686681 6 RANJITH P. RAJ UNIT INSPECTOR, KOTTAPPADI UNIT, RETURNING OFFICER, PINDIMANA SERVICE CO-OPERATIVE BANK LIMITED NO. E 25, CHELAD POST, ERNAKULAM DISTRICT, PIN - 686692 SRI.C.M.NAZAR, SC, EC SMT.NISHA GEORGE SRI.GEORGE POONTHOTTAM (SR.)(K/000570/1979) SRI.P.P.THAJUDEEN, SPL.GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.10.2023, ALONG WITH WA.1672/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA NO.1672/2023 and con. cases

JUDGMENT [WA Nos.1672/2023, 1682/2023, 1695/2023] Dated this the 26th day of October, 2023

Anu Sivaraman, J.

Heard the learned counsel appearing on all sides.

2. It is submitted that the polling was conducted on 22.10.2023 as

directed by this Court without any incident and that the votes were

polled separately as directed. The votes were counted and the details

have been made available before this Court. In view of the fact that the

margin of votes is more than the votes polled in the separate ballot

boxes, we find that there is no requirement for further hearing of the

appeals.

3. The learned counsel appearing for the Election Commission

submits that the results can be declared tomorrow itself. There will be

a direction to the Returning Officer to declare the results, at the

earliest, at any rate, before close of working hours tomorrow

(27.10.2023) and to permit the newly elected committee to assume WA NO.1672/2023 and con. cases

charge without delay.

These writ appeals are, accordingly, closed.

Sd/-

ANU SIVARAMAN JUDGE

Sd/-

C. PRATHEEP KUMAR JUDGE NP WA NO.1672/2023 and con. cases

APPENDIX OF WA 1682/2023

PETITIONERS' ANNEXURES Annexure A1 TRUE COPY OF THE STATEMENT FILED BY THE 2ND RESPONDENT AS DIRECTED BY THIS HON'BLE COURT 0N 18/08/2023 IN WP (C) N0. 27388/2023 RESPONDENTS' ANNEXURES: NIL WA NO.1672/2023 and con. cases

APPENDIX OF WA 1695/2023

PETITIONERS' ANNEXURES ANNEXURE A1 The true copy of the Circular No. 37/2013 dated 06.06.2013 issued by the Registrar Cooperative Societies RESPONDENTS' ANNEXURES Annexure R1(a) TRUE COPY OF THE LIST OF 253 PERSONS, WHO HAVE BEEN STRUCK-OFF FROM THE DRAFT VOTES LIST, PROVIDED BY THE ELECTORAL OFFICER. Annexure R1(b) TRUE COPY OF THE LIST OF 32 PERSONS WHO HAVE NOT PAID THE FULL SHARE VALUE.

Annexure R1(c) TRUE COPY OF THE LIST OF 34 PERSONS, WHO WERE ENROLLED DURING THE PERIOD WHILE THE ADMINISTRATION OF THE SOCIETY WAS UNDER AN ADMINISTRATOR, Annexure R1(d) TRUE COPY OF THE LIST OF 231 PERSONS INCLUDED IN THE FINAL VOTERS LIST WHICH INCLUDES PERSONS WHO HAVE NOT PAID THE DIFFERENT SHARE VALUE.