IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 27276 of 2010(H) -------------------------- PETITIONER(S): --------------- 1. G.MADHUSOODHANAN, S.L.BHAVAN, PUTHUKULANGARA, NEDUMANGAD, THIRUVANANTHAPURAM. 2. G.SATHEESAN, AZHAKATH VEEDU, PUTHUKULANGARA, NEDUMANGAD, THIRUVANANTHAPURAM. 3. A.J.BABU, KUZHIVILA VEEDU, KULAPPADA P.O., NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.S.MEERA RESPONDENT(S): --------------- 1. THE ELECTORAL OFFICER (ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) NEDUMANGAD CIRCLE), THE NEDUMANGAD REGIONAL URBAN CO-OPERATIVE SOCIETY LTD., NO..T-1555, MARKET JUNCTION, NEDUMANGAD P.O., THIRUVANANTHAPURAM - 695 541. 2. THE RETURNING OFFICER (UNIT INSPECTOR NEDUMANGAD UNIT), THE NEDUMANGAD REGIONAL URBAN CO-OPERATIVE SOCIETY LTD., NO.T-1555, MARKET JUNCTION, NEDUMANGAD P.O., THIRUVANANTHAPURAM - 695 541. 3. THE NEDUMANGAD REGIONAL URBAN CO-OPERATIVE SOCIETY LTD., NO.T-1555, MARKET JUNCTION, NEDUMANGAD P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY - 695 541. BY G.P.SRI.K.S.MOHAMMED HASHIM FOR R1 & R2 ADV.SRI.V.G.ARUN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27276 of 2010(H) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE ELECTION NOTIFICATION NO.E(2)565/2010/SCEC DATED 12.8.10. EXT.P2: TRUE COPY OF THE PRELIMINARY VOTERS LIST OF THE 3RD RESPONDENT. EXT.P3: TRUE COPY OF THE FINAL VOTERS LIST. // TRUE COPY // TKS C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.27276 of 2010 ---------------------------- Dated 13th September, 2010 JUDGMENT This writ petition has been filed by three members of the third respondent society challenging their exclusion from Ext.P3 voters list. Admittedly, they were included in Ext.P2 preliminary voters list prepared for the purpose of conducting election to the Board of Directors of the third respondent society. Their contention is that they were not even let known about the details of objections and the reasons for exclusion from Ext.P3 final voters list and hence, according to them, it is an illegal, calculated and concerted action to denude their right of franchise. Taking into account their contention and the fact that they were not given any opportunity before their exclusion from the voters list, this Court passed an interim order on 7.9.2010. Based on the said interim order, the petitioners were allowed to cast their votes in the election that was held on 9.9.2010. As per the said interim order it was directed thus: “Accordingly, there will be a direction to respondents 1 to 3 to take appropriate steps forthwith to enable the petitioners to cast their votes in the election to the society to be held on 9.9.2010. However, it is made clear that their votes shall be put in separate ballot box. The returning officer shall cause counting of votes polled in WP(C).No.27276/2010 2 both ballot boxes. But the result of the election shall not be declared and the returning officer shall produce the result with all details in a sealed cover before this Court on 13.9.2010.” Thus, the petitioners were allowed to cast their votes in the election held on 9.9.2010. Based on the interim order dated 7.9.2010, the returning officer has made available all the details directed to be furnished as per the said interim order, in a sealed cover. Considering the facts that the petitioners were permitted to cast their votes in the election and counting of their votes cast in a separate ballot box would not in any way alter the result of the election, I do not find any reason to continue with the order prohibiting the returning officer, the first respondent, from declaring the result of the election conducted to the Board of Directors of the third respondent society excluding the result from `B' constituency. The parties have also agreed that no meaningful purpose would be served by pursuing the writ petition any further, in the aforesaid circumstances. Therefore, in view of the aforesaid facts obtained in this case, this writ petition is closed. In the circumstances, the returning officer viz., the first respondent shall proceed with the further steps, including WP(C).No.27276/2010 3 declaration of the result of the election conducted on 9.9.2010 to the Board of Directors of third respondent society in respect of all constituencies except constituency `B'. C.T.RAVIKUMAR Judge TKS