IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 29296 of 2008(Y) -------------------------- PETITIONERS: -------------------- 1. PHILIPOSE TOMYCHAN, S/O.PHILIPOSE MUNDUPALATHINKAL HOUSE, VAZHITHALA THODUPUZHA, IDUKKI 2. RADHAKRISHNAN SREEDHARAN NAIR PULICKAL HOUSE, VAZHITHALA THODUPUZHA, IDUKKI. BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENTS: ------------------------ 1. VAZHITHALA SERVICE CO.OP.BANK LTD.NO.908 VAZHITHALA, THODUPUZHA, IDUKKI, REP. BY ITS SECRETARY. 2. ELECTORAL OFFICE/ASSISTANT REGISTRAR OF CO.OP.SOCIETIES(GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO.OP.SOCIETIES (GENERAL) THODUPUZHA, IDUKKI. 3. RETURNING OFFICER, VAZHITHALA SERVICE CO.OP.BANK 'D' UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO.OP.SOCIETIES (GENERAL), THODUPUZHA, IDUKKI. ADV. SRI.A.JAYASANKAR FOR R1 SRI.MANU GOVIND FOR R1 SRI.PRAMOD DAS LOHYA FOR R1 GOVERNMENT PLEADER SRI.I.V.PRAMOD FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29296/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ELECTION NOTIFICATION PUBLISHED IN THE MANGALAM DAILY DT. 12.9.2008. P2:- COPY OF THE RELEVANT PAGE CONTAINING CLAUSE 4 OF THE BYE-LAW OF THE IST RESPONDENT. P3:- COPY OF THE OBJECTION DT. 19.9.2008 ALONG WITH LIST OF INELIGIBLE PERSONS SUBMITTED BY THE PETITIONERS BEFORE THE 2ND AND 3RD RESPONDENT. P4:- COPY OF THE INTIMATION DT. 19.9.2008 ISSUED BYU THE 3RD RESPONDENT TO THE IST PETITIONER. P5:- COPY OF THE INTIMATION DT. 20.9.08 ISSUED BY THE 2ND RESPONDENT TO THE IST PETITIONER. P6:- COPY OF THE INTIMATION DT. 23.9.2008 ISSUED BY THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES(GENERAL), IDUKKI TO THE PETITIONER . /TRUE COPY/ P.A. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------- W.P.(C) NO. 29296 OF 2008 (K) ---------------------------------------------------------- Dated this the 14th day of October, 2008 J U D G M E N T Petitioners, members of the first respondent co-operative Bank, challenged the electoral process commenced by the issuance of Exhibit P1 on the ground that the rejection of objections to the final voters list is unsustainable. The objections were to the inclusion of those named in Exhibit P3 list. Exhibit P5 is the rejection order. An interim order was issued at the stage of admission to receive the votes polled by any among those included in Exhibit P3 list in a separate ballot box, counted separately and the result to be reported to this Court. It is stated today by the learned counsel appearing for the Returning Officer and the Bank that the result shows that even if the entire votes polled by those in Exhibit P3 are included, there would be no change in the result. This is recorded and it is ordered that the official respondents will retain the votes, following the classification already made, and maintain it safely for a period six months so that the parties can work out remedies, if any, required W.P.(C) No.29296/2008 - 2 - before the proper authority under Section 69 of the Kerala Co- operative Societies Act. The result shall be duly declared and charge handed over promptly to the newly elected committee. This writ petition is ordered as above, without prejudice to the rights of the petitioners and leaving open all contentions on merits. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/15/10