Kerala High Court
Thomas Varghese vs The State Co-Operative Election ... on 17 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:77331
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 36043 OF 2024
PETITIONERS:
1 THOMAS VARGHESE
AGED 45 YEARS, S/O SRI. N.T. VARGHESE
KAMUKUMPALLIL HOUSE, VAKAYAR P. O, KONNI,
PATHANAMTHITTA (DISTRICT), PIN - 689698.
2 ANNAMMA THOMAS
AGED 54 YEARS, W/O SRI. K.S. THOMAS KOCHETHU
VEEDU, VAKAYAR P.O, KONNI,
PATHANAMTHITTA (DISTRICT), PIN - 689698.
3 JIBI BYJU
AGED 36 YEARS, W/O SRI. BYJU PHILIP MALAYIL
PUTHENVEEDU, VAKAYAR P.O, KONNI,
PATHANAMTHITTA (DISTRICT), PIN - 689698.
BY ADVS.
AJI V.DEV
ALAN PRIYADARSHI DEV
S.SAJEEVAN
RESPONDENTS:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION
REPRESENTED BY ELECTION COMMISSIONER,
THIRUVANANTHAPURAM, 3RD FLOOR, CO-BANK TOWERS,
PALAYAL, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695033.
2 ELECTORAL OFFICER TO VAKAYAR SERVICE
CO-OPERATIVE BANK NO. 847
W.P.(C)No.36043 of 2024 2024:KER:77331
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OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL), KONNY,
PATHANAMTHITTA DISTRICT, PIN - 689691.
3 RETURNING OFFICER TO VAKAYAR SERVICE
CO-OPERATIVE BANK NO. 847
(CHITTAR UNIT INSPECTOR), OFFICE OF THE
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), KONNY, PATHANAMTHITTA PIN - 689691.
4 VAKAYAR SERVICE CO-OPERATIVE BANK NO. 847,
REPRESENTED BY ITS SECRETARY, VAKAYAR P.O,
KONNI, PATHANAMTHITTA (DISTRICT), PIN - 689698.
BY ADV.SRI. C.M. NAZAR, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.36043 of 2024 2024:KER:77331
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JUDGMENT
Dated this the 17th day of October, 2024
The petitioners are before this Court seeking to direct the
4th respondent to recast the preliminary and final voters list after
including all eligible members, including petitioners
2 and 3 and excluding all other ineligible voters from the said
list.
2. The election is scheduled to be held on 26.10.2024.
The election notification is dated 21.09.2024.
3. Standing Counsel representing the Election
Commission, on instructions, submits that no objections were
received in respect of the preliminary voters list and the
preliminary voters list is finalised as such.
4. Heard.
W.P.(C)No.36043 of 2024 2024:KER:77331
5. As the preliminary voters list is finalised in the
absence of any objections and since the petitioners have an
alternate remedy under Section 69 of the Kerala Co-operative
Societies Act, 1969, this writ petition is without any merit.
The writ petition is therefore dismissed.
Sd/-
N. NAGARESH
JUDGE
ams
W.P.(C)No.36043 of 2024 2024:KER:77331
APPENDIX OF WP(C) 36043/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.
O/1195/2024/E(2)/SCEC DATED: 21.09.2024
ISSUED BY THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE
PRELIMINARY VOTERS LIST WHICH CONTAIN
THE NAME OF THE 2ND RESPONDENT
Exhibit P2(a) TRUE COPY OF THE RELEVANT PAGE OF THE
PRELIMINARY VOTERS LIST WHICH CONTAIN
THE NAME OF THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BY THE
1ST RESPONDENT DATED: 27.08.2024
OBJECTING GRANTING MEMBERSHIP TO
PERSONS RESIDING OUTSIDE THE BANKS
JURISDICTION
Exhibit P4 TRUE COPY OF THE LIST CONTAINING THE
MEMBERS OF THE RESPONDENT BANK WHO
FOUND PLACE IN THE PRELIMINARY LIST BUT
EXCLUDED FROM THE FINAL LIST
Exhibit P5 TRUE COPY OF THE COMPLAINT FILED BY THE
1ST PETITIONER DATED: 10.10.2024
RAISING OBJECTIONS AGAINST THE FINAL
VOTERS LIST
Exhibit P5(a) TRUE COPY OF THE OBJECTION FILED BY THE
2ND PETITIONER DATED: 09.10.2024
RAISING OBJECTIONS AGAINST THE FINAL
VOTERS LIST
W.P.(C)No.36043 of 2024 2024:KER:77331
Exhibit P5(b) TRUE COPY OF THE OBJECTION FILED BY THE
3RD PETITIONER DATED: 09.10.2024
RAISING OBJECTIONS AGAINST THE FINAL
VOTERS LIST
Exhibit P6 TRUE COPY OF THE NEWS PUBLISHED IN THE
MATHRUBHOOMI DAILY ON 11.10.2024 ABOUT
THE EXCLUSION OF ELIGIBLE VOTERS
Exhibit P6(a) TRUE COPY OF THE NEWS PUBLISHED IN THE
MALAYALA MANORAMA DAILY ON 12.10.2024
ABOUT THE EXCLUSION OF ELIGIBLE VOTERS
