IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 17893 of 2011(J) -------------------------- PETITIONER(S): --------------- P.R.DEVADAS,MEMBER NO.71,KOLLAM TALUK, ARTTISANS INDUSTRIAL CO-OPERAVIE SOCIETY LIMITED NUMBER S-IND (Q)2,KOLLAM,(KANAK M.G.NAGAR 15) KILIMANOOR P.O.,KOLLAM-4 BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL RESPONDENT(S): --------------- 1. DISTRICT MANAGER, DISTRICT INDUSTRIES CENTER,KOLLAME 2. RETURNING OFFICER, KOLLAM,TALUK ARTISANS,VEVASAYA SAHAGARANA SANGHAM S-IND Q2 ,JUNIOR CORPORATIVE INSPECTOR(INDUSTRIES) TALUK INDUSTRIES OFFICE KOLLAM 3. KOLLAM TALUK ARTISAN,VEVSAYA SAHAGARANA SANGHAM,S-IND (Q)2,SN COLLEGE JUNCTION KOLLAM, REP.BY THE ADMINISTRATOR ADDL. 4. ANIL KUMAR.S., KULANGARA VEEDU MUNDACKAL WEST, KOLLAM KOLLAM TALUK ARTISANS INDUSTRIAL CO.OP SOCIETY LTD. NO.S-IND (Q) 2, KOLLAM (KANAK M.G.NAGAR 15) KILIMANOOR P.O., KOLLAM (MEMBER NO.78) ADDL.5. BIJU BHASKARAN, VALLAKATHU VEEDU, THEKKEVILA, KOLLAM. KOLLAM TALUK ARTISANS INDUSTRIAL CO-OP SOCIETY LTD. NO.S-IND (Q) 2, KOLLAM (KANAK M.G.NAGAR 15) KILIMANOOR P.O., KOLLAM (MEMBER NO.125) W.P.(C) No.17893 of 2011 : 2 : ADDL.6. P.ANITH, PILLAVEEDU, MANDAKKAL EAST, KOLLAM. KOLLAM TALUK ARTISANS INDUSTRIAL CO-OP SOCIETY LTD. NO.S-IND (Q) 2, KOLLAM (KANAK M.G.NAGAR 15) KILIMANOOR P.O., KOLLAM (MEMBER NO.155) ADDL.7. JAWAHARLAL, PARAKODU VEEDU, MUNDAKKAL, KOLLAM KOLLAM TALUK ARTISANS INDUSTRIAL CO-OP SOCIETY LTD. NO.S-IND (Q) 2, KOLLAM (KANAK M.G.NAGAR 15) KILIMANOOR P.O., KOLLAM (MEMBER NO.165) (RESPONDENTS 4 TO 7 ARE IMPLEADED AS PER ORDER DATED 11.7.2011 IN I.A.NO.11093 OF 2011) BY ADV. SRI.P.C.SASIDHARAN FOR ADDL.R4-7 BY GOVERNMENT PLEADER SRI.P.M.MANOJ FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.17893 of 2011 EXT.P1 A TRUE COPY OF THE BYE LAWS OF THE SOCIETY. EXT.P2 A TRUE COPY OF THE ORDER NO.K16/3080/02 EXT.P3 A TRUE COPY OF THE ELECTION NOTIFICATION. EXT.P4 A TRUE COPY OF THE OBJECTION. EXT.P5 A TRUE COPY OF THE FINAL VOTERS LIST. EXT.P6 A TRUE COPY OF THE LIST OF 75 INELIGIBLE PERSONs EXT.P7 A TRUE COPY OF THE REPRESENTATION DATED 20.6.2011. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.17893 of 2011 ------------------------------- Dated this the 23rd day of August, 2011 J U D G M E N T The petitioner is a member of the third respondent society, an industrial society of artisans residing in Kollam Taluk. As per the stipulations in clause 5 of the bye laws of the third respondent society, the total number of members who are interested in the welfare of artisans for whose benefit the society is formed cannot exceed 5% of the total number of members of the society. Eversince in the year 2002, the third respondent society is being administered by an Administrator. Pursuant to a decision adopted by the Administrator, the Joint Registrar of Co-operative Societies appointed the second respondent as Returning Officer to hold elections to the managing committee of the third respondent society on 7.7.2011. The draft voters list was published on 4.6.2011 and it was finalised on 13.6.2011. In the meanwhile, one S.Soman, a member of the third respondent society filed Ext.P4 representation before the Administrator of the society pointing out that his name is not included in the draft voters list and that a large number of persons interested in the welfare of artisans in excess of the prescribed limit of 5% of the total membership has been enrolled as members and that the names of W.P.(C) No.17893 of 2011 2 such persons who are in excess of the prescribed limit of 5% should be removed from the voters list. The draft voters list was published only 2 days thereafter. There was no objection to the same from any one and it was finalised on 13.6.2011. A week later, the petitioner filed Ext.P7 representation dated 20.6.2011 before the first respondent who has been empowered to exercise the powers of the Registrar of Co-operative Societies in respect of the Industrial Societies. Along with that representation, the petitioner produced a list of persons, 123 in number, according to him who were enrolled in excess of the limit prescribed in clause 5 of the bye laws of the society. In that representation, he prayed for deletion of the names of the said 123 persons and postponment of the election until such time a fresh voters list is prepared and published. The instant writ petition was thereupon filed on 1.7.2011 challenging the validity of the electoral roll and seeking a direction to the first respondent to consider Ext.P7 representation and pass orders thereon. The petitioner has also prayed for a direction to the third respondent society to remove the name of ineligible persons from the voters list after conducting an enquiry. 2. Pursuant to the interim order passed by this Court on 4.7.2011, though the elections were held, the votes polled by the W.P.(C) No.17893 of 2011 3 persons whose names are mentioned in Ext.P6 list were kept separately. The results of the election also has not been declared. 3. When the writ petition came up for hearing today, learned Government Pleader appearing for respondents 1 and 2 submitted on instructions that pursuant to the interim order passed by this Court on 4.7.2011, the votes polled by 75 members whose names were included in the final voters list, but whose membership was objected were polled separately in a separate booth and out of the total number of 236 voters, 139 voters participated in the election. It is stated that after keeping 63 votes polled by 75 whose membership is objected in a separate box, 86 votes polled by the rest of the members who participated are kept separately. 4. When the writ petition came up for hearing today, learned counsel for the petitioner submitted that since the result of the election has not been published so far, the writ petition may be disposed of reserving liberty with the petitioner to challenge the result of the election, if he is aggrieved thereby, in other appropriate proceedings, reserving liberty with the petitioner to challenge the validity of the electoral roll in such proceedings. The learned counsel appearing for the respondents do not oppose the said request. In such circumstances, I dispose of the writ petition with W.P.(C) No.17893 of 2011 4 the following directions:- 1. The Returning Officer shall forthwith count the votes polled in the society and kept in ballot boxes separately and thereafter announce the result of the election. 2. The Returning Officer shall however keep te votes polled separately in the ballot box without mixing them in safe custody. In other words, the ballot boxes contained 86 votes shall be counted and sealed thereafter and kept in the safe custody of the Returning Officer. Like wise, the ballot box containing 63 votes which are objected shall also be opened, counted separately and thereafter sealed without mixing up the votes passed by 86 voters with 63 voters. 3. The Returning Officer shall after the results are declared keep the ballot boxes in safe custody for a period of six months so as to enable the petitioner to move the competent authority for instituting appropriate proceedings, if he is aggrieved thereby. W.P.(C) No.17893 of 2011 5 4. The contentions of both sides regarding the enrollment of members whose rights are disputed is kept open. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.17893 of 2011 JUDGMENT Dated:- 23rd August, 2011 --------------------------------------