IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 4909 of 2010(K) ------------------------------------- PETITIONERS: --------------------- 1. KRISHNAN K.V., NARIKANDANKANDI PARAMBA, KANNANCHERI, KALLI P.O., KOZHIKODE. 2. N.V.DINESAN, MUTHIRAVALU PARAMBA, KANNANCHERI, KALLI P.O., KOZHIKODE. BY ADVS. MR.B.S.SWATHY KUMAR, SMT.P.A.ANITHA. RESPONDENTS: ------------------------ 1. THE DEPUTY DIRECTOR, DISTRICT INDUSTRIES CENTRE, KOZHIKODE. 2. THE CALICUT HANDLOOM WEAVERS CO-OP. PRODUCTION, SALES SOCIETY UNITED NO.F-1062, PANNIYANKARA, KOZHIKODE-29, REP. BY ITS SECRETARY. 3. THE SENIOR CO-OPERATIVE INSPECTOR, INDUSTRIES/RETURNING OFFICER, DISTRICT INDUSTRIES CENTRE, KOZHIKODE. 4. THE MANAGING COMMITTEE OF THE CALICUT HANDLOOM WEAVERS CO-OPERATIVE PRODUCTION, SALES SOCIETY LIMITED NO.F-1062, PANNIYANKARA, KOZHIKODE-29, REPRESENTED BY ITS PRESIDENT. R1 BY GOVT. PLEADER MR. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J ........................................... WP(C).NO.4909 OF 2010 ............................................ DATED THIS THE 18TH DAY OF FEBRUARY, 2010 JUDGMENT The petitioners are members of the second respondent, Society. They have filed this writ petition praying for the following reliefs:- 1)“to declare that would take place in the name of election on 24.1.2010 is highly illegal, arbitrary, vitiated with violation of the provisions of the Act and rules, hence liable only to be set aside and set aside the so called election held on 24.1.2010; 2)issue a writ of mandamus or any other writ, order or direction, commanding and compelling the first respondent to consider and dispose of Exts.P2 and P3, conduct an enquiry into the eligibility of the members pointed out by the petitioners and remove them if they don't possess the requirements/legibility specified in the byelaws; 3) such other appropriate writ, order or direction as this Honourable Court may deem fit and proper to meet the ends of justice”. Wpc 4909/2010 2 2. According to the petitioners, a number of persons who are ineligible to be admitted to the membership of the Society have been enrolled as members and an election has been conducted permitting the said ineligible members to participate. Therefore, the petitioners have prayed for setting aside the election. They have also complained that no action has been taken on their complaint. 3. The learned Government Pleader has pointed out that the remedy of the petitioner for challenging the election is by filing a proper election petition. The question whether ineligible persons had been made members of the Society and whether they were allowed to participate and vote in the election would also be an aspect that is to be considered in the election petition. 4. The counsel for the petitioner submits that he would be satisfied with a direction to consider and dispose of Ext.P2 representation which is pending before the first respondent for the past five months. In view of the above submission, I do not propose to consider any of the contentions raised in this writ petition. It is made clear that I have not expressed any opinion on the rival contentions Wpc 4909/2010 3 raised by the parties in this writ petition. 5. This writ petition is accordingly disposed of directing the first respondent to consider Ext.P2 representation, submitted by the petitioner, if the same is received and is pending, in accordance with law, and to pass appropriate orders thereon with notice to the petitioners, as expeditiously as possible, and at any rate, within a period of two months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk