IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 33142 of 2008(U) --------------------------------------- PETITIONERS: --------------------- 1. K.SURESH, AGED 36 YEARS,S/O.KITTUNNI, MEMBER NO.2390,THE MOOLATHARA SERVICE CO-OPERATIVE BANK LTD.NO.P 518,RESIDING AT PLACHIMADA, KANNIMARAI.P.O, MOOLATHARA VILLAGE, PALAKKAD DISTRICT. 2. A.MAHENDRAN, S/O ARUMUGHAN, MEMBER NO. THE MOOLATHARA SERVICE SERVICE CO-OPERATIVE BANK LTD.NO.P 518, RESIDING AT POST OFFICE STREET, MEENAKSHIPURAM, MOOLATHARA VILLAGE, PALAKKAD DISTRICT. 3. JAYAPRAKASH, S/O.SIVARAMAN, BHARATHI NAGAR, MEENAKSHIPURAM, PALAKKAD DISTRICT. 4. SATHEESH, S/O MANI, POST OFFICE STREET, MEENAKSHIPURAM, PALAKKAD DISTRICT. 5. JEEVANANTHAN, S/O.KULANTHAIVEL, MUTHUSWAMI PUDHUR, MEENAKSHIPURAM, PALAKKAD DISTRICT. 6. A SALEEM, S/O ABUBACKER, MALLI STREET, MEENAKSHIPURAM,PALAKKAD DISTRICT. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE, ADVS. SRI.J.R.PREM NAVAZ, SMT.SMITHA GEORGE. RESPONDENTS: ------------------------ 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PALAKKAD. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHITTOOR, PALAKKAD. W.P.(C). NO.33142/2008-U: 3. THE MOOLATHARA SERVICE CO-OPERATIVE BANK LTD.NO.P 518,MEENAKSHIPURAM, PALAKKAD DISTRICT. 4. THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. *ADDL. RESPONDENTS 5 TO 13 IMPLEADED: 5. AMBILIKUTTAN.S., S/O. SHANMUGHAN, KAMBALATHARA, KANNIMARI.P.O., CHITTUR TALUK, PALAKKAD DISTRICT. 6. ABDUL RAHIMAN, S/O. KATTUVA RAWTHER, KANNIMARI POST, CHITTUR TALUK, PALAKKAD DISTRICT. 7. SACHIDANANDAGOPALAKRISHNAN, S/O. EASWARA MOORTHY, MEENAKSHIPURAM.P.O., PALAKKAD DISTRICT. 8. SUBBAYYAN.P., S/O. PALANIYAPPA GOWNDER, VADAKKAD KALAM, MEENAKSHIPURAM P.O., PALAKKAD DISTRICT. 9. KANNAYYAN, S/O. KANNIMUTHU GOWNDER, SARKARPATHY, KANNIMARI.P.O., PALAKKAD DISTRICT. 10. A. NAGARAJ, S/O. AYYASWAMY GOWNER, NELLIMEDU, KANNIMARI.P.O., CHITTUR TALUK, PALAKKAD DISTRICT. 11. DURAI @ NAGARAJ, S/O. ANNAMALI MUDALIAR, MUTHUSWAMI PUDUR, MEENAKSHIPURAM.P.O., PALAKKAD DISTRICT. 12. BALAN, S/O. ARAN, HARIJAN COLONY, MEENAKSHIPURAM.P.O., PALAKKAD DISTRICT. W.P.(C). NO.33142/2008-U: 13. LATHA, W/O. SENTHILVEL, MUTHUSWAMY PUDUR KALAM, MEENAKSHIPURAM.P.O., PALAKKAD DISTRICT. *ADDL. RESPONDENTS 5 TO 13 ARE IMPLEADED AS PER ORDER DATED 11/03/2009 IN I.A. 3524/2007. R1,R2 & R4 BY SR. GOVT. PLEADER SRI. K.S. MUHAMMED HASHIM, R3 BY ADV. SRI.GEORGE POONTHOTTAM, R5 TO R13 BY ADVS. SRI.SAJAN VARGHEESE .K, SRI.LIJU. M.P. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2010, ALONG WITH W.P.(C). NO.3/2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33142/2008-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION SUBMITTED BY SRI. P. DHANDAPANI BEFORE R.1. EXT.P.2: COPY OF THE REPRESENTATION DTD. 31/10/2008 SUBMITTED BY THE PETITIONERS BEFORE R.1. EXT.P.3: COPY OF THE COMMUNICATION DTD. 05/11/2008 OF THE R.3. ADDRESSED TO SRI.P. DHANDAPANI. EXT.P.4: COPY OF THE LIST OF PERSONS NOT RESIDING IN THE AREA OF OPERATION OF THE SOCIETY, BUT PERMITTED TO VOTE IN THE ELECTIONS. EXT.P.5: COPY OF THE LIST OF PERSONS APPLIED FOR MEMBERSHIP AND THE SOCIETY ACKNOWLEDGED THEIR APPLICATIONS BUT NOT INCLUDED IN THE VOTERS LIST. EXT.P.6: COPY OF THE LIST OF PERSONS, WHOSE NAMES ARE APPEARING IN TAMIL NADU VOTERS' LIST, BUT PERMITTED TO VOTE IN THE ELECTIONS TO THE SOCIETY WITH ENGLISH TRANSLATION. EXT.P.7: COPY OF THE REPORT NO. 1238/08 DT. 25/10/2008 BY THE ASSISTANT REGISTRAR (GENERAL) OF CO-OP. SOCIETIES, CHITTUR, PALAKKAD. EXT.P.8: COPY OF THE CERTIFICATE DT. 08/01/2009 ISSUED BY THE HEADMASTER, K.K.M.H.S.S. VANDITHAVALAM. RESPONDENTS' ANNEXURES: ANNEXURE : COPY OF THE LIST SHOWING THE VOTES GATHERED BY EACH CANDIDATES AND THE DESCENDING ORDER OF THE VOTES SECURED BY EACH CANDIDATES. EXT.R5.A: COPY OF THE LIST SHOWING THE TOTAL NUMBER OF VOTES GATHERED BY THE CANDIDATES AND THE DESCENDING ORDER OF THE NUMBER OF VOTES SECURED BY SUCH CANDIDATES. //TRUE COPY// P.S. TO JUDGE. Prv. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NOS: 33142/08,36416/08, 36585/08, 3/09 & 8714 OF 2010 ----------------------------------------------------------- Dated this the 12th August, 2010. JUDGMENT As per a common interim order passed in these writ petitions on 1.1.2009, an election was permitted to be conducted for election to the Board of Directors of the Society. However, the disputed votes have been collected in a separate ballot box and are retained as such, in accordance with the interim orders. Though the polling was conducted on 4/1/2009 and the counting is already over, the results have not been declared for the reason that further orders permitting the declaration of results have not been issued in these cases. According to the counsel on both sides, even if the disputed votes that are retained in separate ballot boxes are taken into account, that would not have any effect on the outcome of the election that has been conducted. Therefore, it is pointed out that there is no point in further delaying the declaration of results of the election. It is also pointed out that the Board of Directors whose term has already expired is still continuing in office pursuant to orders of this Court. WPC 33142/2008 etc. 2 2. In the above circumstances there shall be a direction to the fourth respondent in W.P(C) 36585/2008 who is the Returning Officer to declare the results of the election that was conducted on 4/1/2009 as stated above. Any person who is aggrieved by the results shall be free to challenge the election in a properly framed election petition. These writ petitions are disposed of accordingly. K. SURENDRA MOHAN Judge jj WPC 33142/2008 etc. 3