IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 22109 of 2009(G) -------------------------- PETITIONER(S): --------------- 1. VIJAYAN GOPALAN NAIR, S/O.GOPALAN NAIR, KAIPPAKASSERIL HOUSE, PURAPPUZHA P.O., THODUPUZHA, IDUKKI DISTRICT. 2. MARTIN JOSEPH, S/O.JOSEPH, VENGAYIL HOUSE, P.O.NEDIYASALA, IDUKKI DISTRICT. BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENT(S): --------------- 1. THE PURAPUZHA SERVICE CO-OPERATIVE BANK LTD.NO.E 70, PURAPUZHA P.O., THODUPUZHA, IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THODUPUZHA, IDUKKI DISTRICT. 3. THE 'C' UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THODUPUZHA, IDUKKI DISTRICT. MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.22109 of 2009 --------------------------------- Dated, this the 10th day of August, 2009 J U D G M E N T Heard the learned counsel for the petitioners and the learned Government Pleader. 2. The petitioners are the Chairman and Secretary of the Parappuzha Service Co-operative Bank Samrakshana Samithi, and are also members of the 1st respondent Bank. As per Ext.P1, election to the Board of Directors of the Society is scheduled to be held on 16/08/2009. 3. In terms of the schedule fixed in Ext.P1, a preliminary voters list was published. The petitioners submit that they have filed Ext.P2 objection along with a list containing names of 245 members of the Society, who according to them, are all residing outside the area of operation of the Society, and therefore are ineligible to vote in the election. However, the Electoral Officer has given Ext.P3 reply stating that due to paucity of time, he is not in a position to adjudicate the matter in accordance with law. WP(C) No.22109/2009 -2- Accordingly, voters list was finalised, and it is at that stage this writ petition is filed challenging Ext.P3 and seeking consequential orders. 4. The learned counsel for the petitioners also relied on Ext.P4, a judgment rendered by this Court in WP(C) No.29296/2008, which according to the learned counsel was rendered in facts identical to the one, which is raised in this writ petition. 5. A reading of Ext.P3 communication issued by the Electoral Officer itself would show that the objection raised by the petitioners has not been dealt with on merits. Irrespective of the manner in which the Electoral Officer has dealt with the objection, if the petitioners have grievance against the inclusion of 245 persons mentioned in Ext.P2, it is open to the petitioners to pursue their remedies available as per the Kerala Co-operative Societies Act. 6. In view of the above, the writ petition is disposed of directing the Returning Officer to receive votes of the 245 persons mentioned in Ext.P2 list in a separate ballot box and count their votes separately. However, it is clarified that it will be open to the Returning Officer to declare the results of the election, reckoning WP(C) No.22109/2009 -3- the votes tendered by the aforesaid members also. The petitioners to produce a copy of this judgment before the 3rd respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg