IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 WP(C).No. 13231 of 2010(D) ----------------------------------------- PETITIONER(S): ------------------------ MURALIGOPAL.M.K, KARUNAKARAM, VANCHIYOOR PO,THIRUVANANTHAPURAM. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENT(S): ---------------------------- 1. THE STATE CO-OPERATIVE ELECTION COMMISSION REP.BY IT'S SECRETARY,OFFICE OF THE STATE CO-OPERATIVE ELECTION COMMISSION,THIRUVANANTHAPURAM. 2. THE ASSISTANT REGISTRAR(GENERAL) CO-OPERATIVE SOCIETIES,THIRUVANANTHAPURAM(THE ELECTORAL OFFICER,VANCHINADU BHAVANA NIRMANA SAHAKARANA SANGHAM T-1088,SREEKANDESWARAM,FORT PO,TRIVANDRUM, OFFICE OF ASSISTANT REGISTRAR(GENERAL)CIRCLE CO-OPERATIVE UNION BUILDING CHENGAL CHOOLA,THIRUVANANTHAPURAM. 3. UNIT INSPECTOR, PATTOM CO-OPERATIVE SOCIETIES (RETURNING OFFICER),VANCHINADU BHAVANA NIRMANA SAHAKARANA SANGHAM T-1088,OFFICE OF THE ASSISTANT REGISTRAR(GENERAL)CIRCLE CO-OPERATIVE UNION BUILDING CHENGAL CHOOLA,THIRUVANANTHAPURAM. 4. THE VANCHINADU HOUSING CO-OPERATIVE SOCIETY (REG.NO.T-1088),SREEKANTESWARAM , FORT PO, THIRUVANANTHAPURAM,REP.BY IT'S SECRETARY, SREEKANTESWARAM, FORT PO,THIRUVANANTHAPURAM. 5. K.VIJAYAKUMAR,T.C.42/642,THYKKOTTATHIL HOUSE,KALLUMMOODU,MUTTATHARA,VALLAKKADAVU PO, THIRUVANANTHAPURAM. 6. G.S.PRAKASH,SABARIGIRI,LATHA TIMBERS LANE,VANCHIYOOR,THIRUVANANTHAPURAM-34. BY GOVERNMENT PLEADER SRI. MOHAMMED HASHIM R6 BY ADV. MR.GEORGE POONTHOTTAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. -------------------------------- W.P.(C) No. 13231 of 2010 -------------------------------- Dated this the 20th day of April, 2010. J U D G M E N T The petitioner is a shareholder and former member of the managing committee of the fourth respondent society. In this writ petition, the petitioner challenges the right of respondents 5 and 6 to continue to exercise rights as members of the fourth respondent society. The petitioner contends that respondents 5 and 6 obtained membership of the society fraudulently by manipulating the records and therefore they are ineligible to be included in the voters list or to participate in the election, which is scheduled to be held on 25.4.2010. The petitioner relies on Ext.P2 report submitted by the second respondent on his complaint, wherein the second respondent has reported that respondents 5 and 6 obtained membership in the fourth respondent society fraudulently. 2. Ext.P4 election notification discloses that the last date for withdrawal of nominations was 16.4.2010 and that the election will be held on 25.4.2010. In my opinion, this Court exercising jurisdiction under Article 226 of the Constitution of India cannot conduct a roving enquiry to decide whether respondents 5 and 6 had obtained membership in the fourth respondent society fraudulently or by unfair means for which oral and documentary W.P.(C).No.13231of 2010 2 evidence will have to be adduced. Further, the petitioner can be said to be aggrieved only if respondents 5 and 6 are elected in the ensuing elections. If they are elected, the petitioner can challenge their election in proceedings under Section 69 of the Kerala Co- operative Societies Act. In that election petition, the petitioner can raise all the contentions now raised in this writ petition. Since the petitioner has an effective and meaningful alternate remedy wherein he can seek appropriate reliefs, I am of the considered opinion that no relief can be granted to him in this writ petition. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to challenge the election/ participation of respondents 5 and 6 in the election scheduled to be held on 25.4.2010 in other appropriate proceedings. P.N.RAVINDRAN (Judge) vps W.P.(C).No.13231of 2010 3 W.P.(C).No.13231of 2010 4