IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 8617 of 2010(B) --------------------------------------- PETITIONER(S): -------------------------- 1. JOSE @ JOSEPH, S/O.JOSEPH, PATHEPARAMBIL HOUSE, THOPRAMKUDY, IDUKKI DISTRICT. 2. GEORGE, VADAKKEL, THOPRAMKUDY, IDUKKI DISTRICT. BY ADVS. MR.P.V.BABY, MR.R.KIRAN. RESPONDENT(S): ---------------------------- 1. THOPRAMKUDY SERVICE CO-OPERATIVE BANK LTD.NO.K 432, THOPRAMKUDY P.O., IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), UDUMBANCHOLA, NEDUMKANDAM, IDUKKI DISTRICT. 3. THE INSPECTOR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), UDUMBANCHOLA, NEDUMKANDAM, RETURNING OFFICER OF THE THOPRAMKUDY SERVICE CO-OPERATIVE BANK LTD.NO.K 432. 4. THE STATE CO-OPERATIVE ELECTION COMMISSION, KERALA, THIRUVANANTHAPURAM. R1 BY ADV. MR.M.SASINDRAN BY GOVERNMENT PLEADER MR. K.S. MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8617/2010 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ELECTION NOTIFICATION OF THE 1ST RESPONDENT BANK APPEARED IN MANGALAM DAILY DTD. 28/02/2010. P2: COPY OF THE OBJECTION DTD. 6/03/2010 SUBMITTED BY THE 1ST PETITIONER ALONG WITH OTHERS BEFORE THE 2ND RESPONDENT. P3: COPY OF THE COMMUNICATION DTD. 9/03/2010 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE COMMUNICATION DTD. 9/03/2010 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.8617 of 2010 ------------------------------------------- Dated this the 22nd day of March, 2010 JUDGMENT This Writ Petition is filed challenging the inclusion of 1311 persons as members of the first respondent society. According to the petitioners, the persons who have been included as members are persons who are not eligible to become members of the Society. However, they complain that the objections filed by them have been rejected as per Exts.P3 and P4 and that if the election is allowed to be conducted permitting those persons to participate and contest in the election, irreparable injury would be caused to them. Therefore, they pray for collecting the votes of the disputed members in a separate ballot box so that, the petitioners would be able to work out their remedies even after the election. In the above circumstances, there shall be a direction to the third respondent Returning Officer to collect the votes of the members of the first respondent society having membership Nos.10281 to 11592 in a separate ballot box wpc No.8617/2010 2 and to keep the votes separately. It is made clear that the votes of such members can be counted separately and can also be taken into account for the purpose of declaring the results of the election. However, the votes shall be retained separately. This Writ Petition is accordingly disposed of with the above directions. K.SURENDRA MOHAN, JUDGE css/