IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 17328 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. K.A. SEBASTIAN, (M.NO.340) KALLOOR HOUSE,KAITHARAM, NORTH PARUR. 2. M.K.RAJAN, (M.NO.236) MANAPARAMBIL VEEDU, PARAVOOTHARA,NORTH PARUR. 3. DR.K.A.VINCENT (M.NO.367) KALLOOR HOUSE,KAITHARAM, NORTH PARUR. 4. BEENA VINCENT,(M.NO.368) KALLOOR HOUSE,KAITHARAM, NORTH PARUR. 5. P.M.JAWAHAR,(M.NO.365) PULLARKKATT HOUSE, NANTHYATTUKUNNAM, NORTH PARUR. BY ADV. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENT(S): --------------- 1. THE RETURNING OFFICER, PARUR UNIT INSPECTOR,JUNIOR INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) NORTH PARUR. 2. THE SAMOOHYA KSHEMA SHAKARANA SANGHAM LTD NO.E 779,NANTHYATTUKUNNAM, NORTH PARUR REPRESENTED BY ITS SECRETARY. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO CO-OPERATIVE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.17328 OF 2009 ------------------------ Dated this the 29th day of June, 2009. JUDGMENT The complaint in this writ petition is regarding the deletion of certain members of the 2nd respondent from the voters list published by the Returning Officer. By resolution dated 8.5.2009, the Managing Committee of the 2nd respondent Society resolved to conduct the election on 8.7.2009. Ext.P1 is the voters list. It is also the case of the petitioners that, by Exts.P2 to P4, Returning Officer issued intimations to the members of the Society, as required under Rule 35(3)(a) of Kerala Co-operative Societies Rules. However, petitioners were not issued nomination papers for the reason that the Returning Officer had by Ext.P5 proceedings deleted 27 members figuring at Sl.Nos.280 to 307 of Ext.P1 voters list, which included the petitioners also. It is challenging the deletion of the petitioners from the voters list of the Society that the writ petition is filed. 2. The learned Government Pleader on instructions submits WP(c).No.17328/09 2 that the petitioners were ineligible in terms of Section 20 of the Act, in as much as their admission to the membership was only on 11.5.2009, on the strength of a resolution passed on 8.5.2009. It is contended that, by virtue of this petitioners are ineligible and therefore they were deleted from the voters list and this action of the Returning Officer is perfectly in order. 3. The submissions made by both sides would therefore show that the question to be resolved is the one relating to the eligibility of the petitioners and other members, who were removed by the Returning Officer, to vote in the election which is scheduled to be held on 8.7.2009. This certainly is a disputed factual issue and cannot be resolved in a writ petition. In view of this the remedy available to the petitioners is to seek the remedy as provided under the Co-operative Societies Act. Therefore, leaving open their contentions, the writ petition is disposed of. (ANTONY DOMINIC) JUDGE vi