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Kerala High Court
Justine.P.Jose vs The State Co-Operative Election ... on 6 February, 2026
2026:KER:10592
WP(C) NO. 1499 OF 2026 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
WP(C) NO. 1499 OF 2026
PETITIONER/S:
1 JUSTINE.P.JOSE , AGED 56 YEARS
PANACHIKATTU HOUSE, PAZHUKKAKULAM KARA
MUTHALAKODAM PO, THODUPUZHA VILLAGE, THODUPUZHA TALUK,
IDUKKI DISTRICT, PIN - 685605
2 JENISH K K , AGED 44 YEARS
S/O KUMARAN, KUNNUMPURATH HOUSE, MUTHALAKODAM PO,
THODUPUZHA VILLAGE, THODUPUZHA TALUK,
IDUKKI DISTRICT, PIN - 685605
3 TITUS MANUEL , AGED 53 YEARS
S/O MANUEL, ARACKAL HOUSE, MUTHALAKODAM PO,
ANNAIKANNAM KARA, KARIKODE VILLAGE, THODUPUZHA TALUK,
IDUKKI DISTRICT, PIN - 685605
4 NASAR T A , AGED 59 YEARS
S/O MUHAMMAD ABDULLA, THOTTATHIMYALIL HOUSE,
MUTHALAKODAM PO, ANNAIKANNAM KARA, KARIKODE VILLAGE,
THODUPUZHA TALUK, IDUKKI DISTRICT., PIN - 685605
5 JIMSHY DILEEP , AGED 52 YEARS
S/O MEERAKUTTY, MAROTTICKAL HOUSE, KARIKODE VILLAGE,
MUTHALAKODAM PO, THODUPUZHA TALUK,
IDUKKI DISTRICT, PIN - 685605
6 NEJI NISAR , AGED 39 YEARS
S/O BASHEER, CHEEMPARAYIL HOUSE, MUTHALAKODAM PO,
THODUPUZHA VILLAGE, THODUPUZHA TALUK,
IDUKKI DISTRICT, PIN - 685605
BY ADVS.
SMT.NISHA GEORGE
SRI.GEORGE POONTHOTTAM (SR.)
SHRI.ANSHIN K.K
2026:KER:10592
WP(C) NO. 1499 OF 2026 2
RESPONDENT/S:
1 THE STATE CO-OPERATIVE ELECTION COMMISSION
3 RD FLOOR, CO BANK TOWERS, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695033
2 RETURNING OFFICER/ DAIRY FARM INSTRUCTOR
THODUPUZHA APPOINTED FOR THE ELECTION TO THE MANAGING
COMMITTEE OF THE PATTAYAMKAVALA MILK PRODUCERS CO-
OPERATIVE SOCIETY LTD NO.I.223 (D), (APCOS),
MUTHALAKODAM PO, THODUPUZHA VILLAGE, THODUPUZHA TALUK,
IDUKKI DISTRICT, PIN - 685605
3 PATTAYAMKAVALA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD
NO.I.223 (D), (APCOS), MUTHALAKODAM PO,
THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT
REPRESENTED BY ITS SECRETARY, PIN - 685605
SRI. C.M NAZAR (SC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 1499 OF 2026 3
JUDGMENT
Petitioners have approached this Court being aggrieved
by the fact that the election of the President and Vice President
to the Managing Committee of the 3 rd respondent Society has
been deferred so as to enable the Administrative Committee to
continue in office indefinitely.
2. Learned counsel appearing for State Co-operative
Election Commission would submit that, out of the 9 members to
be elected to the Managing Committee of the 3 rd respondent
Society, only six persons submitted nominations and accordingly
these six persons, who submitted valid nominations, were
declared as elected. It is submitted that the Returning Officer
ought to have been waited for the date of election to actually
declare the persons as elected, but owing to a mistake, the six
persons mentioned above were declared as elected on the last
date for withdrawal of the nominations. It is submitted that in
Exhibit P4 communication dated 31.10.2025, the Returning
Officer also fixed 14.11.2025 as the date for election of the
President and Vice President. It is submitted that, 14.11.2025
was also the date fixed as per the original notification for the
election to the Managing Committee and normally, the President
2026:KER:10592
and Vice President would also have been elected on the same
day. It is submitted that, owing to the local body elections, the
Government issued Exhibit P7 notification on 13.11.2025
directing that where any elections to Societies like the 3 rd
respondent are scheduled from 10.11.2025 to 07.02.2026 or
where elections process has already been started, the election
shall be conducted only after 07.02.2026. It is submitted that, in
the case of the 3rd respondent Society, the election to the post of
President and Vice President is now scheduled on 09.02.2026. A
copy of the notification is also dated 29.01.2026 proposing to
hold the election on 09.02.2026 is also placed for my
consideration.
3. Having heard the learned Senior Counsel appearing
for the petitioner, on the instructions of Adv. Nisha George and
the learned Standing Counsel appearing for the State Co-
operative Election Commission, I am of the view that in the light
of the notification of the elections to the post of President and
Vice President of the 3rd respondent Society on 09.02.2026, it is
not necessary for this Court to consider the contentions raised
by either side on merits and this writ petition can be closed.
Accordingly, the writ petition is closed, directing that
the elections to the post of President and Vice President of the
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3rd respondent Society shall be held on 09.02.2026 in terms of
the notification dated 29.01.2026 issued by the State Co-
operative Election Commission.
Sd/-
GOPINATH P.
JUDGE
ajt
2026:KER:10592
APPENDIX OF WP(C) NO. 1499 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ELECTION NOTIFICATION DATED
27.09.2025 ISSUED BY THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE ORDER DATED 25.09.2025
ISSUED BY THE DEPUTY DIRECTOR, THODUPUZHA
EXTENDING THE TERM OF THE ADMINISTRATIVE
COMMITTEE
Exhibit P3 TRUE COPY OF THE REQUEST DATED 27.10.2025
SUBMITTED BY THE 1ST PETITIONER
Exhibit P4 TRUE COPY OF THE ORDER DATED 31.10.2025
PASSED BY THE 2ND RESPONDENT DECLARING THAT
THE PETITIONERS ARE ELECTED UNOPPOSED
Exhibit P5 TRUE COPY OF THE ORDER DATED 31.10.2025
PASSED BY THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE ORDER DATED NIL ISSUED BY
THE 2ND RESPONDENT
Exhibit P7 TRUE COPY OF THE GOVERNMENT ORDER DATED
13.11.2025
Exhibit P8 TRUE COPY OF THE CIRCULAR NO. 68/2025 DATED
20.11.2025
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
29.12.2025 SUBMITTED BY THE 3RD PETITIONER
