IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 6763 of 2011(U) ------------------------- PETITIONER(S): --------------- V.BABU, KUNNUMPURATH VEEDU, KIZHUVILAM, CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN SMT.S.MEERA SMT.M.G.AISHWARYA RESPONDENT(S): --------------- 1. THE RETURNING OFFICER, ELECTION TO THE MANAGING COMMITTEE OF KIZHUVILAM SERVICE CO-OPERATIVE BANK LTD. NO.2405, KIZHUVILAM, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. (UNIT INSPECTOR, ATTINGAL)-695304. 2. KIZHUVILAM SERVICE CO-OPERATIVE BANK LTD. NO.2405, KIZHUVILAM, MUDAPURAM P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY-695304. 3. N.VISWANATHAN NAIR, PRESIDENT, MANAGING COMMITTEE OF THE KIZHUVILAM SERVICE CO-OPERATIVE BANK LTD.NO.2405, KIZHUVILAM, MUDAPURAM P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695304. 4. JAYASREE, MEMBER, -DO-. 5. SAHADEVAN, MEMBER, -DO-. 6. DHARMARAJAN, MEMBER -DO-. 7. SIDIQUE, MEMBER, -DO-. 8. MURALEEDHARAN, MEMBER -DO- 9. SHYLA O., MEMBER -DO-. 10. REKHA, MEMBER, -DO-. 11. THAHA, MEMBER, -DO-. 12. SYAMKUMAR, MEMBER, -DO-. 13. CHANDRASEKHARAN NAIR, -DO-. BY GOVT. PLEADER SRI. BASANT BALAJI ADV. SRI.V.G.ARUN FOR R2 SRI.T.R.HARIKUMAR FOR R2 SRI.DEVAN RAMACHANDRAN FOR R12 SRI.K.M.ANEESH FOR R12 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 6763 OF 2011 -------------------------- Dated this the 14th day of March, 2011 J U D G M E N T The petitioner is a member of the second respondent society. The election to the managing committee of the second respondent society was held on 27.2.2011, pursuant to Ext.P1 notification issued by the State Co-operative Election Commission. In this writ petition, the petitioner seeks a declaration that what took place on 27.2.2011 was not an election. He has also prayed for consequential reliefs. 2. The writ petition is filed on the allegation that though in an earlier writ petition filed by the petitioner seeking police protection and the appointment of an observer, this Court had passed Ext.P2 interim order recording the undertaking given on behalf of the Returning Officer that members will be permitted to vote only after verifying the identity cards with the identity card register in form 6B maintained in the second respondent society, such an exercise was not carried out before the members whose membership commences from 16000 onwards were allowed to vote. It is stated that they were allowed to vote without verifying the genuineness of the identity cards held by them with reference to the identity card WPC No.6763/2011 2 register. On these grounds, the petitioner seeks the following reliefs: “(1) To direct respondents 3 to 13 not to take any policy decisions or to enroll new members (2) To direct the 2nd respondent to produce the form 6B register before this Court (3) To direct the 1st respondent to keep the ballot box with the ballot papers, the counter foil and the marked voters list sealed and in safe custody and not to entrust the same with the 2nd respondent (4) to appoint an Advocate of this Hon'ble Court as Commissioner to verify the form 6B register, and file a report as to the way it is being maintained, the number of identity cards issued specifying from which number and also the number of photographs removed from the form 6B register till the disposal of the writ petition.” 3. Whether as claimed by the petitioner, persons whose names did not figure in the register maintained in form 6B had voted or whether there was any impersonation by any person is a matter which requires evidence, which can properly be done only in an election petition. This Court exercising jurisdiction under Article 226 of the Constitution of India cannot conduct a roving enquiry by summoning the identity card register and decide whether all the members who had voted in the election held on 27.2.2011 were in fact and in reality, members of the second respondent society. I therefore find no grounds to entertain the writ petition. WPC No.6763/2011 3 The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to challenge the election held on 27.2.2011 in other appropriate proceedings. P.N.RAVINDRAN, (JUDGE) vps WPC No.6763/2011 4 WPC No.6763/2011 5