IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 24428 of 2008(G) -------------------------------------- PETITIONERS: -------------------- 1. K.K. DHARAMAPALAN, KADAVIL HOUSE, TRANSIT VILLA, P.O. KANJANI, TRICHUR. 2. K.K. GUNAPALAN, KADAVIL HOUSE, THRITHATTU WEST.P.O, VADANAPPALLY. 3. P.C. RAVINDRAN, POTTEKKAT HOUSE, GAYATHRI AVENUE, KANNANKULANGARA.P.O, KOORKANCHERRY, TRICHUR. 4. A.V. PREETHA, KADAVIL HOUSE, THRITHATTU WEST.P.O, KOORKANCHERY, TRICHUR. 5. BHAVYA K. DHARMAPALAN, KADAVIL HOUSE, KANJANI.P.O, TRICHUR. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: ---------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TRICHUR. 2. THE TRICHUR DISTRICT HUMAN RESOURCES DEVELOPMENT CO-OPERATIVE SOCIETY LTD. REG.NO.R.1197, PUTHENPURAKKAL BUILDING, POOTHOLE ROAD, TRICHUR-680004, REPRESENTED BY ITS ADMINISTRATOR. 3. P.K. SURESH KUMAR, HONORARY SECRETARY, THE TRICHUR DISTRICT HUMAN RESOURCES DEVELOPMENT CO-OPERATIVE SOCIETY LTD. REG. NO. R.1197, PUTHENPURAKAL BUILDING, POOTHOLE ROAD, TRICHUR-680004. RESIDING AT PALAYIL HOUSE, KOCHERY ROAD, P.O. M.G KAVU, TRICHUR. (P.T.O.) W.P.(C). NO. 24428/2008-G * ADDL. R4 IMPLEADED ADDL. R4: RETURNING OFFICER (UNIT INSPECTOR ADATT UNIT), THRISSUR DISTRICT HUMAN RESOURCES DEVELOPMENT CO-OPERATIVE SOCIETY, THRISSUR. * ADDL. R4 IS IMPLEADED AS PER ORDER DATED 23/09/2008 IN I.A. 12193/2008. GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.24428 of 2008 & I.A.No.12194 of 2008 ================================== Dated this the 23rd day of September, 2008. JUDGMENT Learned Government Pleader appears for the Returning Officer impleaded as per order on I.A.12193 of 2008. Service complete. This writ petition is filed seeking a direction to have the election conducted. As of now, election has been notified and therefore there is no reason to apprehend that the election will not be conducted, in accordance with law. Be that as it may, I.A.No.12194 of 2008 is filed on the premise that persons at Sl.Nos.82 and 87 to 147 except Sl.Nos.125 and 140 in Ext.P9 list are not members admitted to membership, in accordance with law and by the competent authority, in terms of law. The objection appears to be that the Secretary of the Society had included their names as members without WPC24428/08 -:2:- proper authority. Having regard to the facts and circumstances, this writ petition and I.A. are ordered directing that, the election shall be duly conducted and the votes, if any, cast by persons at Sl.No.82 and 87 to 124 (both inclusive), 126 to 139 (both inclusive) and 141 to 147 (both inclusive) shall be polled in a separate ballot box and counted separately and results declared accordingly. The identity of those votes shall be recorded separately to exclude any inconvenience to any party, who may challenge the election. After the process of the election is over, the Joint Registrar will also look into Ext.P6 complaint regarding inclusion of incompetent persons as voters. Thottathil B.Radhakrishnan, Judge. sl. WPC24428/08 -:3:-