IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 26427 of 2008(U) --------------------------------------- PETITIONER: ------------------- R.PURUSHOTHAMAN NAIR, CANDIDATE/DELEGATE, REPRESENTING KAZHAKOOTTAM SERVICE CO-OPERATIVE BANK LTD., KAZHAKOOTTAM, THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE RETURNING OFFICER, (ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), THIRUVANANTHAPURAM), THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM. 3. THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM, REPRESENTED BY THE GENERAL MANAGER. 4. S.KRISHNAKUMAR, CANDIDATE, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM, REPRESENTING VELLANAD SERVICE CO-OPERATIVE BANK, THIRUVANANTHAPURAM. 5. DAMODARAN NAIR.N., CANDIDATE, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM, REPRESENTING MANIKKAL SERVICE CO-OPERATIVE BANK, THIRUVANANTHAPURAM. W.P.(C). NO.26427/2008-U: 6. S.AJAYAKUMAR, CANDIDATE, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM, REPRESENTING PARASHUVAKKAL SERVICE CO-OPERATIVE BANK, THIRUVANANTHAPURAM. 7. K.K.VIJAYAN, CANDIDATE, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM, REPRESENTING KANJIRAMKULAM SERVICE CO-OPERATIVE BANK, THIRUVANANTHAPURAM. 8. S.AJITH, CANDIDATE, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM, REPRESENTING KARIMKULAM SERVICE CO-OPERATIVE BANK, THIRUVANANTHAPURAM. R1 & R2 BY ADVOCATE GENERAL SRI. C.P. SUDHAKARA PRASAD, GOVT. PLEADER SMT. A.G. ANEETHA, R7 BY ADV. SRI.NAGARAJ NARAYANAN, ADV. SRI.SAIJO HASSAN, ADV. SRI.RAJAN VELLOTH, ADV. SRI.A.S.SABU, R6 BY ADV. SRI.P.V.MOHANAN, ADV. SRI.B.HARISH KUMAR, R5 BY ADV. SRI.G.SREEKUMAR (CHELUR), R4 BY ADV. SRI.THOMAS ABRAHAM, ADV. SRI.DIPU.R, ADV. SMT.MERCIAMMA MATHEW, ADV. SRI.K.S.HARIDAS, R3 BY ADV. SRI.V.G.ARUN, ADV. SRI.T.R.HARIKUMAR, R8 BY SRI.M.K.DAMODARAN (SR.) , ADV. SRI.P.K.VIJAYAMOHANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008, ALONG WITH W.P(C). NO. 28355/2008,THE COURT ON 28/10/2008 DELIVERED THE FOLLOWING: W.P.(C). NO.26427/2008-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE FINAL LIST OF CANDIDATES PUBLISHED BY THE R.2. DTD. 27/08/2008. EXT.P.2: COPY OF THE G.O. (P).NO.193/2008/CO-OP. DTD. 22/08/2008. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE LETTER RECEIVED FROM THE BANK. EXT.R7.A: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P.(C). NO.21870/2007 DTD. 29/02/2008. EXT.R7.B: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P.(C). NO.25106/2007 DTD. 29/02/2008. EXT.R7.C: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P.(C). NO. 25161/2007 DTD. 29/02/2008. EXT.R7.D: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P.(C). NO. 2861/2008 DTD. 29/02/2008. //TRUE COPY// P.S. TO JUDGE. prv. THOTTATHIL B. RADHAKRISHNAN, J. ================================== W.P.(C).No. 26427 of 2008 - U ==================== Dated this the 4th day of September, 2008. O R D E R Having heard the learned counsel for the petitioner, the learned Advocate General and the learned counsel appearing for the private respondents, I am satisfied that the issue raised and arising for decision touching the sustainability of the impugned exercise under Rule 181 of the Kerala Co-operative Societies Rules, requires a deeper look. Presently, I am of the view that the petitioner has demonstrated a very strong prima facie case for interference in writ jurisdiction, notwithstanding that the matter relates to election. The fundamental question will be the scope of the power under Rule 181 of the KCS Rules and whether such power includes the power to issue an order in the nature of the impugned one. 2. Weighing the priorities, I am satisfied that the ends of justice would be secured if the election proceedings continue and polling is held, however that, results shall not be declared until W.P.(C).No. 26427 of 2008 - U 2 further orders, though the votes can be counted and maintained in sealed cover by the 2nd respondent. For counter affidavit and consideration on priority, list on 24.9.2008. THOTTATHIL B. RADHAKRISHNAN, JUDGE. bkn/-