IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 37061 of 2009(C) ---------------------------------------- PETITIONER(S): ------------------------ 1. K.R.MANIKANTAN, ANITA BHAVAN, DDRA-315, KUDAPPANAKUNNU P.O.,THIRUVANANTHAPURAM. 2. G.SUDHAKARAN NAIR, SRUTHI, PULIPPARA, NEDUMANGAD P.O., NEDUMANGAD, THIRUVANANTHAPURAM. BY ADVS. MR.V.G.ARUN, MR.T.R.HARIKUMAR. RESPONDENT(S): --------------------------- 1. THIRUVANANTHAPURAM TALUK REVENUE DEPARTMENT EMPLOYEES CO-OPERATIVE SOCIETY NO.T 715, COLLECTORATE, CIVIL STATION, KUDAPPANAKKUNNU (PO), THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE BOARD DIRECTORS OF THE THIRUVANANTHAPURAM TALUK REVENUE DEPARTMENT, EMPLOYEES CO-OPERATIVE SOCIETY NO.T 715, COLLECTORATE, CIVIL STATION, KUDAPPANAKKUNNU (PO), THIRUVANANTHAPURAM, REPRESENTED BY ITS PRESIDENT. 3. THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 5. THE ELECTORAL OFFICER, THIRUVANANTHAPURAM TALUK REVENUE DEPARTMENT EMPLOYEES CO-OPERATIVE SOCIETY NO.T 715, CIVIL STATION, KUDAPPANAKUNNU (PO), THIRUVANANTHAPURAM, (ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),THIRUVANANTHAPURAM 6. THE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHAPURAM. R1 BY ADV.MR.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) R2 BY ADV.MR.K.P.CHANDRASEKHAR R3 TO R5 BY SR. GOVERNMENT PLEADER MR.K.S.MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.37061/2009 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PAGES OF THE REGISTERED BYELAWS OF THE FIRST RESPONDENT. P2: COPY OF THE REQUEST SENT BY SMT.PREETHA V., CONFIDENTIAL ASSISTANT, GRADE II, COLLECTORATE, THIRUVANANTHAPURAM DTD. 5/08/2009. P3: COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE SECRETARY OF THE FIRST RESPONDENT. P4: COPY OF THE LIST OF PERSONS WHOSE REQUEST FOR MEMBERSHIP IS ADMITTED TO HAVE BEEN RECEIVED BY THE SECRETARY OF THE FIRST RESPONDENT SOCIETY. P5: COPY OF THE REPRESENTATION SUBMITTED BY 32 APPLICANTS DTD. 28/10/2009. P6: COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER REQUESTING FOR THE TOTAL NUMBER OF MEMBERS AND DETAILS REGARDING SUCH MEMBERS DTD. 20/05/2009. P7: COPY OF THE REPLY GIVEN BY THE FIRST RESPONDENT DTD.18/6/2009. P8: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 4TH RESPONDENT DTD. 20/10/2009 ALONG WITH THE LIST OF INELIGIBLE MEMBERS. P9: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 4TH RESPONDENT DTD. 20/10/2009. P10: COPY OF THE REPRESENTATION DTD. 23/11/2009 SUBMITTED BEFORE SIXTH RESPONDENT. P11: COPY OF THE LETTER DTD. 03/12/2009 ISSUED BY THE SIXTH RESPONDENT. P12: COPY OF THE ELECTION NOTIFICATION DTD. 01/12/2009. P13: COPY OF THE PRELIMINARY VOTERS LITS. P14: COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT DTD. 18/12/2009. P15: COPY OF THE COMPLAINT SUBMITTED BEFORE THE 5\6TH RESPONDENT DTD. 18/12/2009. P16: COPY OF THE FIRST PAGE OF THE MEMBERS LIST. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.37061 of 2009 ---------------------------- Dated 4th January, 2010 JUDGMENT Heard Sri.V.G.Arun, the learned counsel appearing for the petitioners, Sri.P.Santhosh Kumar, the learned counsel appearing for the first respondnt, Sri.K.P.Chandrasekharan, the learned counsel appearing for the second respondent and Sri.K.S.Mohammed Hashim, the learned Government Pleader appearing for respondents 3 to 6. 2. The petitioners, who are members of the first respondent society have filed this writ petition aggrieved by the inclusion of the names of ineligible persons in the draft voters list published on 18.12.2009, a copy of which is placed on record as Ext.P13. 3. The learned Government Pleader appearing for respondents 3 to 6 submits on instructions that pursuant to the interim order passed by this Court, the names of 255 ineligible persons were deleted from Ext.P13 list and the final voters list was published on 23.12.2009 along with a copy of the order passed on the petitioners' objections. The learned counsel appearing on both sides submit that in that view of the matter nothing survives for consideration in this writ petition. It is accordingly closed with a direction to the WP(C).No.37061/2009 2 respondents to conduct the election as scheduled in Ext.P12 based on the final voters list published on 23.12.2009. P.N.RAVINDRAN Judge TKS