IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 21925 of 2009(I) -------------------------- PETITIONER(S): --------------- SHENNY ANTO PANOKKARAN, MEMBER NO.4232, KALLUR SERVICE CO-OPERATIVE BANK LTD.NO.R.227, KALLUR P.O., TRICHUR-680 317. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. THE ELECTORAL OFFICER (ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), MUKUNDAPURAM, IRINJALAKUDA), KALLUR SERVICE CO-OPERATIVE BANK LTD.NO.R.227, KALLUR P.O., TRICHUR-680 317. 2. THE RETURNING OFFICER (CO-OPERATIVE INSPECTOR, AMBALLUR UNIT), KALLUR SERVICE CO-OPERATIVE BANK LTD.NO.R.227, KALLUR P.O., TRICHUR-680 317. 3. KALLUR SERVICE CO-OPERATIVE BANK LTD. NO.R.227, KALLUR P.O., TRICHUR-680 317, REPRESENTED BY THE SECRETARY. MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21925 of 2009 --------------------------------- Dated, this the 10th day of August, 2009 J U D G M E N T Heard the learned counsel for the petitioner and the learned Government Pleader. 2. The petitioner is a member of the 3rd respondent Co- operative Society, bye-law of which is Ext.P4. Clause (4) of Ext.P4 bye-law defines the area of operation of the Society. 3. By Ext.P1, election to the Board of Directors of the Society has been notified to be held on 16/08/2009. The petitioner submits that draft voters list was published, and thereupon he filed Ext.P2 objection, enclosing a list of 539 members of the Society, contending that they are all residing outside the area of operation of the Society, and that therefore are ineligible to vote in the election. According to the petitioner, without considering the objection filed, final voters list was published and it was therefore, the writ petition is filed praying for a declaration that the Electoral Officer is obliged to consider the objection filed and pass orders thereon, with a WP(C) No.21925/2009 -2- further prayer to the 2nd respondent to receive votes of those persons, who are included in Ext.P2 list, in a separate ballot box. 4. The learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader, objection received was considered by the Electoral Officer. It is stated that out of 539 persons, even going by the addresses shown in the list itself, 237 of them reside within the area of operation of the Society. In so far as the remaining persons are concerned, it is submitted that explanations were called for from the President and Secretary of the Society, and that they have reiterated that these persons belong to the area of operation of the Society. It was therefore that the final voters list has been published, submits the learned Government Pleader. 5. Thus, the premise on which the writ petition is filed, viz., that the Electoral Officer has not considered or dealt with the objection filed by the petitioner does not appear to be factually correct. In the light of the disputed factual issues, in this proceedings, this Court cannot decide the contentions of the petitioner, and necessarily, the petitioner will have to pursue WP(C) No.21925/2009 -3- statutory remedies that are available. In order to enable the petitioner to obtain appropriate reliefs from the statutory authority, it is only appropriate that the votes of the 539 persons included in Ext.P2 list are received in a separate ballot box and are also counted separately. 6. Therefore, the writ petition is disposed of directing the 2nd respondent to receive votes of the 539 persons listed in Ext.P2 in separate ballot boxes and counted separately. It is clarified that this judgment will not stand in the way of the 2nd respondent in reckoning the votes of the aforesaid 539 persons for declaring the election results, taking into account their votes also. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg