IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 16331 of 2009(J) -------------------------- PETITIONER(S): ------------------ V.K.KRISHNAMURTHY, AGED 54 YEARS, S/O. T.R.KRISHNA IYER,VADAKKE MADOM, THAIYOOR, (VIA) ERUMPAPETTY, THALAPPILLY THALUK,THRISSUR. BY ADV. SRI.RAJIT RESPONDENT(S): ------------------- 1. STATE OF KERALA REP. BY THE SECRETARY, MINISTRY OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. 2. STATE CO-OPERATIVE ELECTION COMMISSION, TRIVANDRUM REP. BY THE COMMISSIONER. 3. DEPUTY DIRECTOR, OFFICE OF THE DEPUTY DIRECTOR OF DIARY DEVELOPMENT, CHEMBUKAVU. THRISSUR DIST. 4. KSHEEROTHPADHAKA SAHAKARANA SANGAM, (REG. NO.R 210) THAIYOOR POST, ERUMAPEPTTY, HTHALAPPILLY TALUK, THRISSUR, REP.BY THE ADMINISTRATOR. 5. THE RETURNING OFFICER/DIARY EXTENSION OFFICER, DIARY DEVELOPMENT DEPARTMENT, WADAKANCHERY, THRISSUR DIST. GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 16331 OF 2009 (J) ===================== Dated this the 17th day of June, 2009 J U D G M E N T In terms of the provisions of the Kerala Co-operative Societies Act and Rules, the election to the 4th respondent society was scheduled on 22/5/2009 and voters list was finalised and all procedural formalities were complied with. At that stage consequent on the parliamentary election, by Exts.P2 and P3, elections were ordered to be postponed. According to the petitioner, now proceedings are being taken to hold the election with the same voters list. Thereupon, he filed Ext.P5 representation to the Registrar requesting that fresh voters list be taken. It is stated that such a voters list is necessary for the reason that in the interregnum, many of the members of the society have become ineligible to vote and many of them have become eligible. 2. In my view, such a repetitive preparation of the voters list is not contemplated in the rules. If for any reason, an election process once commenced is postponed, the electoral roll should remain the same. If that be so, the prayer made by the petitioner WPC 16331/09 :2 : cannot be accepted. 3. Although the counsel for the petitioner submitted that in terms of the bylaws, preparation of a fresh voters list is necessary, having regard to the statutory provisions, I cannot accept the contention raised. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp