IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 23097 of 2009(F) -------------------------- PETITIONER(S): --------------- RAVINDRANATHAN M., S/O.NARAYANANKUTTY MENON, AGED 55 YEARS, VELIYATHUPARAMBIL, WEST KADUNGALOOR, ALUVA 683 110. BY ADV. SRI.M.R.RAJENDRAN NAIR, SENIOR ADVOCATE SRI.M.R.HARIRAJ SRI.SURAJ.S SRI.P.A.KUMARAN SMT.VINEETHA B. RESPONDENT(S): --------------- 1. ABDUL RASHEED V.A., RIYAZ MANZIL, P.O.WEST KADUNGALOOR, ALUVA 683 110. 2. KADUNGALLUR SERVICE CO-OPERATIVE BANK LTD. NO.863, REPRESENTED BY ITS SECRETARY, WEST KADUNGALLUR, ALUVA 683 110. 3. THE RETURNING OFFICER FOR ELECTION TO DIRECTOR BOARD OF KADUNGALLUR SERVICE CO-OPERATIVE BANK LTD., OFFICE INSPECTOR, O/O.ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, NORTH PARAVUR, ERNAKULAM PIN 683513. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, NORTH PARAVUR, ERNAKULAM, PIN 683513. 5. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM PIN 682 016. 6. REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM-1. 7. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF CO-OPERATION, TRIVANDRUM-1. MR.K.RAMESH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23097 of 2009 --------------------------------- Dated, this the 13th day of August, 2009 J U D G M E N T Election to the Board of Directors of the 2nd respondent Society was notified by Ext.P1 election notification issued on 06/07/2009. In terms of Ext.P1, nominations were to be received by the Electoral Officer on 27/07/2009, scrutiny was to be held on 28/07/2009, and the election has already been held on 09/08/2009. 2. It is stated that the 1st respondent submitted his nomination, and according to the petitioner, he filed Ext.P5 objection on 28/07/2009 before the Electoral Officer. He also filed Ext.P6 before the 4th respondent. Referring to Exts.P3 & P4, the learned senior counsel for the petitioner submits that the 1st respondent by giving a different addresse, had obtained membership in Kadungallur Service Co-operative Bank Limited No.2165. It is also stated that the Public Information Officer of the aforesaid Bank has given Ext.P4 reply to the petitioner confirming the 1st respondent's membership, and also that he is a defaulter to WP(C) No.23097/2009 -2- the said Bank. The petitioner contends that it was on these reasons that he filed objection to the candidature of the 1st respondent. It is stated that for the aforesaid reason, the 1st respondent was ineligible to be a candidate in the election to the Board of Directors of the 2nd respondent Bank, and for that reason although, the election is over, acceptance of the 1st respondent's nomination should be declared invalid, and on that basis, the 1st respondent shall be unseated. 3. As already noticed, the election has already been held on 09/08/2009, and the 1st respondent, admittedly, has won in the election. If as stated by the petitioner, the 1st respondent was ineligible to be a candidate, and the petitioner had approached this Court before the nomination was accepted or the election was held, this Court may have been justified in entertaining the writ petition and considered the contentions. Now that the election has been held and the 1st respondent has assumed charge, I feel that the remedy of the petitioner lies before the statutory authority appointed under Section 69 of the Kerala Co-operative Societies Act. Therefore, without prejudice to the contentions and the WP(C) No.23097/2009 -3- remedies available, I close this writ petition leaving it open to the petitioner to pursue those remedies. Having regard to the allegations raised, I direct that in case the petitioner initiates any proceedings under Section 69 of the KCS Act, the appropriate authority will ensure that the proceedings are expedited and concluded with the urgency it deserves. (ANTONY DOMINIC, JUDGE) jg