IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 29229 of 2009(W) -------------------------- PETITIONER(S): --------------- T.SANTHOSH RAJ (M.NO.6756), RESIDING AT BHAGAVATHIVILA PUTHEN VEEDU, KULATHOOR,UCHAKKADA,NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): --------------- 1. THE ELECTORAL OFFICER, KULATHOOR SERVICE CO-OPERATIVE BANK LTD.NO.T-706, KULATHOOR,UCHAKKADA,NEYYATTINKARA/ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), NEYYATTINKARA. 2. THE RETURNING OFFICER, KULATHOOR SERVICE CO-OPERATIVE BANK LTD.NO.T-706, KULATHOOR,UCHAKKADA,NEYYATTINKARA/PARASSALA UNIT INSPECTOR,OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),NEYYATTINKARA. 3. KULATHOOR SERVICE CO-OPERATIVE BANK LTD. NO.T-706,KULATHOOR,UCHAKKADA,NEYYATTINKARA, REPRESENTED BY ITS SECRETARY. 4. C.PARAMESWARAN NAIR,S/O.CHELLAPPAN NAIR, SURABHI,VENKULATHINKARA,KARAODU, NEYYATTINKARA. 5. V.SURENDRAN,S/O.VELAYUDHAN PILLAI, POTTAYIL VEEDU,POOVAR,NEYYATTINKARA. ADV. SRI.GEORGE POONTHOTTAM FOR R3 GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 29229 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th October, 2009. J U D G M E N T The petitioner claims to be a member of the 3rd respondent-bank. The bank has a total membership of 10402. Election to the managing committee of the 3rd respondent -bank is declared. Preliminary voters list has been published on 7-10-2009. The petitioner submits that the petitioner has submitted Ext. P1 objection to the preliminary voters list, which is Ext. P2 complaining that in the same, the persons shown as Sl. Nos. 1 to 752 are persons outside the area of operation of the society and they cannot be included in the final voters list. According to the petitioner, they are ineligible to vote in the election. The petitioner's grievance is that the 1st respondent has refused to accept Ext. P1 and to consider the objection to the voters list as per Ext. P1. 2. The learned Government Pleader, on instructions, submits that as per the election notification, the date of publication of final voters list was 14- 10-2009 and on 12-10-2009, the petitioner has submitted Ext. P1, without giving any details of his objections in Ext. P1 except a vague statement that persons at Sl. Nos. 1 to 752 are outside the area of operation of the society. According to the learned Government Pleader, simply because a person has address outside the area of operation of the society, he does not automatically become ineligible to vote in the election. The contention is that as per the bye-laws of the society, even persons having business interest or properties within the area of operation of the society are also entitled to be members of the society and eligible to vote. The learned Government Pleader would submit that insofar as no details have been provided in Ext. P1, Ext. P1 cannot be decided before the election as the details have to be collected. 3. In view of the above contention of the learned Government Pleader, the learned counsel for the petitioner would submit that if there would be delay in considering Ext. P1 votes of the members shown as Sl. Nos. 1 to 752 in Ext. P2 shall be kept in a separate ballot box. 4. I have considered the rival contentions in detail. 5. As rightly pointed out by the learned Government Pleader Ext. P1 is bereft of any details whatsoever regarding the objections. The petitioner does not dispute the fact that persons who have business interest and properties within the area of operation also are eligible for voting rights in the society. That being so, on the basis of Ext. P1, no definite conclusion can