IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 7068 of 2011(G) ------------------------- PETITIONER(S): --------------- 1. T.K.MADHU, THEVARKANDI HOUSE, NANMANDA P.O., KOZHIKODE, MEMBER NO.3222. 2. MURALEEDHARAN T.K., THERUVINKATTIL HOUSE, NANMANDA P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.N.MOHANAN SMT.I.VINAYAKUMARI RESPONDENT(S): --------------- 1. ELECTORAL OFFICER TO NANMANDA RURAL HOUSING CO-OPERATIVE SOCIETY ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SHAKARANA BHAVAN, PUTHIYARA, KOZHIKODE DISTRICT. 2. RETUNING OFFICER TO NANMANDA RURAL HOUSING CO-OPERATIVE SOCIETY, UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PUTHIYARA, KOZHIKODE DISTRICT. 3. STATE CO-OPERATIVE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM, PIN-695 001. 4. ADMINISTRATOR, NANMANDA RURAL HOUSING CO-OPERATIVE SOCIETY, NANMANDA P.O., KOZHIKODE. 5. NANMANDA RURAL HOUSING CO-OPERATIVE SOCIETY, REPRESENTED BY THE SECRETARY, NANMANDA P.O., KOZHIKODE. By SPECIAL GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.7068 of 2011 ----------------------------------------- Dated this the 8th March, 2011 JUDGMENT The petitioners, two in number, who are members of the 5th respondent Co-operative society, have filed this writ petition aggrieved by the final voters list that was published on 26.2.2011 by the Returning Officer appointed by the State Co-operative Election Commission. It is contended that out of 3119 members of the society the names of 1562 members (named in Ext.P2 list) were excluded by the Secretary of the society and the Administrator of the society when they forwarded the voters list to the Electoral Officer. It is contended that the Secretary/ Administrator of the society ought to have forwarded the entire list of 3119 members to the Electoral Officer and that it was for the Electoral Officer to finalise the voters list having regard to the objections received by him pursuant to the publication of the said list as a draft voters list. It is contended that as the procedure prescribed in rule 16(3) of the Kerala Co-operative Societies Rules was not followed the preparation and submission of a truncated W.P(C).No.7068 of 2011 -:2:- voters list excluding the names of the persons named in Ext.P2 list is illegal. 2. Rule 35A(4) of the Kerala Co-operative Societies Rules, hereinafter referred to as the rules, stipulates that it shall be the duty of the Chief Executive of the concerned society, in the instant case the Secretary of the 5th respondent society, to prepare and up date the voters list as per the rules and submit it to the Administrator or the Committee of the society, who has to approve it and forward it to the Electoral Officer within 35 days prior to the date fixed for the election. In the instant case the Secretary/Administrator of the 5th respondent society prepared and forwarded the voters list to the Electoral Officer. It contained the names of only 1628 members. It is contended that what was required to be forwarded was not the list of members eligible to vote according to the Secretary/Administrator of the society but the list of all members of the society and that it is for the Electoral Officer to finalise the voters list after inviting objections, if any, thereto. I am afraid the said contention cannot be countenanced. Rule 35A(4) does not stipulate that the Secretary/Administrator of the society should forward a list of the members of the society. What the rule contemplates is the preparation of the voters' list, its approval by the Committee and its submission to the Electoral W.P(C).No.7068 of 2011 -:3:- Officer. The Electoral Officer thereafter publishes it, invites objections and finalises the voters' list. What is required to be submitted by the Secretary is not the list of members of the society. Even at the stage of preparation of the voters list by the society it is open to the Secretary/Committee of the society and in this case the Administrator, to prepare a list of members, who according to the society are members eligible to vote in the election. In such circumstances it cannot be said that the Administrator of the society acted in violation of the rules when he forwarded a list of 1628 members to the Electoral Officer. Further the petitioner cannot contend on behalf of the persons named in Ext.P2 list that their names should be included in the voters list. If any one of the persons named in Ext.P2 list is aggrieved by the non-inclusion of his name in the voters list it is for that person to object to the non-inclusion of his name in the draft voters list.I therefore find no merit in the contentions raised in the writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.7068 of 2011 ---------------------------- JUDGMENT 8th March, 2011