Kerala High Court
Dinesh B vs State Co-Operative Election ... on 12 February, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:11419
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
WA NO. 299 OF 2025
AGAINST THE JUDGMENT DATED IN WP(C) NO.4242 OF 2025 OF HIGH
COURT OF KERALA
APPELLANTS/PETITIONERS:
1 DINESH B.,
AGED 50 YEARS
S/O. P. BHASKARAN NAIR, VALLIKATTUSSERY HOUSE,
EVOOR NORTH, EVOOR P.O., CHEPPAD,
ALAPPUZHA DISTRICT, PIN - 690507
2 ROY MON P.V.,
AGED 50 YEARS
S/O. P.O. VARKEY, RESIDING AT ROSE PADINJAREKUDIYIL
HOUSE, MURIYAMANGALAM, MALALA P.O.,
ERNAKULAM DISTRICT, PIN - 682305
BY ADVS.
NISHA GEORGE
ANSHIN K.K
GEORGE POONTHOTTAM (SR.)
RESPONDENTS:
1 STATE CO-OPERATIVE ELECTION COMMISSION
3RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN -
695033
W.A No.299 of 2025
2
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2 THE ELECTORAL OFFICER/ DEPUTY REGISTRAR
(ADMINISTRATION),
OFFICE OF THE JOINT REGISTRAR (GENERAL),
ERNAKULAM, ELECTION TO THE MANAGING COMMITTEE OF
THE KERALA POLICE HOUSING CO-OPERATIVE SOCIETY
LTD. NO. 4348, ELAMKULAM, KADAVANTHRA, ERNAKULAM
DISTRICT, PIN - 682020
3 THE RETURNING OFFICER/ ASSISTANT REGISTRAR
(PLANNING)
OFFICE OF THE JOINT REGISTRAR (GENERAL), ERNAKULAM
ELECTION TO THE MANAGING COMMITTEE OF THE KERALA
POLICE HOUSING CO-OPERATIVE SOCIETY LTD. NO. 4348,
ELAMKULAM, KADAVANTHRA, ERNAKULAM DISTRICT, PIN -
682020
4 THE KERALA POLICE HOUSING CO-OPERATIVE SOCIETY
LTD. NO. 4348
ELAMKULAM, KADAVANTHRA, ERNAKULAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 682020
OTHER PRESENT:
SRI.C.M NAZAR,SC,
SRI P.C. SASIDHARAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A No.299 of 2025
3
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JUDGMENT
Dated this the 12th day of February, 2025
AMIT RAWAL, J.
The present intra-court is directed the judgment of learned
Single Bench dated 10.02.2025 in Writ Petition No.4242 of 2025 filed
by the appellants/petitioners claiming following reliefs.
i. Issue a writ of Certiorari to call for the records leading to Exhibit -P1
and to set aside the same;
ii. Issue a writ of Certiorari to call for the Final Voters list and to set aside
the same, as it is defective;
iii. Issue a writ of mandamus directing the 2 nd respondent to publish a
proper voters list containing the particulars of the members enumerated
in Rule 35A(4);
iv. Issue a writ declaring that Final Voters list does not meet the statutory
mandate of sub-rule (4) of Rule 35A of the KCS Rules;
2. The aforementioned relief emanated from the
pleadings that they are the members of the Society and on 04.09.2019
vide Ext.P30, the State Co-Operative Election Commission had found
that there were irregularities in the voter list as it lacks particulars with
regard to the parentage or address and had put a stern warning of holding
the next election with complete particulars and publication of the voter
list.
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3. Appellants/Petitioners concededly are the members
and not the candidates. The Co-Operative Election Commission
initiated the process of election for the Kerala Police Housing Co-
Operative Society, consisting of 55000 members and the affairs being
managed by a 15 member committee, caused a notification Ext.P1 dated
31.12.2024, notifying the election and as per the election calendar,
following dates were notified:
1. 10.01.2025, publication of preliminary voters list.
2. 17.02.2025, last date of submission of the objections to
preliminary voters list.
3. 21.01.2025, publication of the final voter list.
4. 28.01.2025, date for making nominations.
5. 29.01.2025, scrutiny of the nominations.
6. 30.01.2025, withdrawal of the nominations.
7. 15.02.2025, date of the elections.
4. Appellants/petitioners submitted the objections on
10.01.2025 and the same was dismissed vide Ext.P4 on 18.01.2025.
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5. The aforementioned order Ext.P4 dated 18.01.2025
was assailed in this Court in W.P(C).No.4242 of 2025 on 30.01.2025 and
decided on 10.02.2025, relegating the appellants/petitioners to challenge
the same by way of election petition provided under Section 69 of the
Kerala Co-Operative Societies Act.
6. Shri.George Poonthottam, learned Senior Counsel
assisted by Shri. Anshin K.K, appearing on behalf of the appellants in
support of the memorandum of appeal of the intra court appeal,
submitted that rule 35A(4) of the Kerala Co-Operative Societies Rules
1969 clearly prescribes that in case the electoral role is defective, lacks
the complete particulars of the member/voter i.e. without parentage or
address, such persons cannot be permitted to cast the vote and the
election have to be interdicted. In support of the contention, our attention
was drawn to Exts.P5 to P18 to show that in many cases, the voter list do
not reflect the parentage and the address of the members, therefore the
elections scheduled to be held on 15.02.2025 are liable to be interdicted
and such irregularity cannot be allowed to exist in perpetuity in view of
the decision dated 04.09.2019 of the State Co-Operative Election
Commission, Ext.P30.
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7. On the other hand, Sri.P.C.Sasidharan, the learned
counsel representing the society and Sri.C.M.Nazar, for the State Co-
Operative Election Commission submitted that appellants/petitioners are
not the contesting candidates and will not reflect their fate as the
candidates who have submitted nomination have not come forward.
Even otherwise, a separate procedure has been prescribed for
challenging the same by invoking the provisions of Section 69 of the
Act, in view of the case law noticed by the Single Bench and as well as
held by this Court in Writ Appeal No.782 of 2023 decided on
12.04.2023. At the best, the members whose particulars are wanting can
be prevented from casting the vote by preparing a separate list.
8. We have heard the learned counsel for the parties and
appraised the paper book. Rule 35 A(4) reads as under:
(4) The State Co-operative Election Commission shall appoint an
Electoral Officer from among the officers of the concerned.
Administrative Department who shall be responsible for the
publication of the list of members qualified to vote at the election in
accordance with the provisions of the Act, rules and bye-laws as
stood on a date 60 days prior to the date fixed for the poll. The list
shall contain the admission number, name of the member, name of
father or husband and the address of such member. Such list shall
also contain the name and other particulars of the delegate in cases
where the member is a society or corporation or a statutory or non-
statutory Board, Committee or other body of persons which is a
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member of another society or Government. It shall be the duty of
the Chief Executive of the concerned society to prepare, up date the
list as per the Rules and submit voters list duly approved by the
Committee, to the Electoral Officer within thirty five days prior to
the date fixed for election and render all assistance required by the
Electoral Officer. It is the duty of the Electoral Officer to publish
the preliminary voters list in Form No.34 in the Notice Board of the
Head Office and branches if any, of the society and call for
objections if any, on the voters list within seven days of publication
and publish final voters list in For No.35 within twenty days prior
to the date fixed for the poll. The final voters list so prepared
should be published in the Head Office and branches of the
concerned society. A copy of such list shall be supplied by the
society to any member on payment of such fees as may be
prescribed by the committee of the Society."
On perusal of the above, it is evident that the voter list has to consist not
only the name of the member but the parentage as well as the address.
On perusal of the part voter list of two districts, placed before us, it is
seen that many members do not reflect the parentage as well as the
address. This is not in compliance with the rule aforementioned and as
well as the decision of the State Co-Operative Election Commission
dated 04.09.2019, Ext.P30. In other words, once there was a clear cut
direction by the State Co-Operative Election Commission, it appears that
no concerted effect has been made to correct the voter list and the
illegality/irregularities have been permitted to continue.
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9. In this view of the matter, we deem fit to appropriate
to interfere in the order under challenge to the limited extent by issuing
directions over and above the observations given by the Single Bench,
that the Management of the Society to prepare a separate list of the
members whose name are already appearing in the voter list but without
the parentage and address and bar them from casting the vote in the
ensuing elections scheduled for 15.02.2025. We are sanguine of the fact
that the society and as well as the State Co-Operative Election
Commission will comply with the directions with full responsibility.
Upholding the judgment under challenge, writ appeal with the
aforementioned directions stands disposed of.
10. It is made clear that as and when the next elections of
the society has to be held, election commission will not cause the
notification of the election until and unless the irregularities/illegalities
in the voter list are rectified.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
K.V.JAYAKUMAR, JUDGE
HKH/12.02.2025
