IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 30153 of 2008(M) -------------------------- PETITIONER(S): --------------- 1. THOMAS,S/O SCARIA, MEMEBER, KELAKOM, KSHEEROLPADA SAHAKARANA SANGHAM LTD., NO.C-180 (D) APCOS, KELAKOM, KANNUR DISTRICT. 2. C.R.MOHANAN, MEMEBER, KELAKOM, KSHEEROLPADA SAHAKARANA SANGHAM LTD., NO.C-180 (D) APCOS, KELAKOM, KANNUR DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. THE RETURNING OFFICER (DAIRY DEVELOPMENT OFFICER IRITTY), KELAKOM KSHEEROLPADA SAHAKARANA SANGHAM LTD., NO.C.180 (D) APCOS, KELAKOM, KANNUR DISTRICT. 2. KELAKOM KSHEEROLPADA SAHAKARANA SANGHAM LTD., NO.C - 180 (D) APCOS, KELAKOM, KANNUR DISTRICT, REPRESENTED BY THE SECRETARY. 3. THE ADMINISTRATOR, KELAKOM KSHEEROLPADA SAHAKARANA SANGHAM LTD., NO.C-180 (D), APCOS, KELAKOM, KANNUR DISTRICT. 4. GEETHA PALUMMI, D/O CHANTHU, PALUMMI MALAYAMPADI P.O., KELAKOM, KANNUR DISTRICT. R1, R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR R2 BY ADV. SRI.T.A.SHAJI R4 BY ADV. SRI.M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30153 OF 2008 ------------------------------------------- Dated this the 28th day of October, 2008 JUDGMENT Read order dated 20.10.2008. Following the aforesaid, it is submitted on behalf of the Returning Officer that the Form 6-B register was handed over by the Secretary of the society and thereafter, the election was duly conducted, results declared and committee has assumed office. There is considerable dispute for the petitioners to the process adopted. This submission is made by the learned counsel for the petitioners stating that according to his clients, 6-B register, which was purportedly handed over to the Returning Officer, is essentially a concocted document and prepared for the purpose of getting over the allegations of the petitioners. With this submission, I do not find any ground for this Court to probe into the matter or to give any seal of approval to the process adopted or to the results declared. However, it is ordered that since the Returning Officer has returned the Form 6- B register to the society, the Secretary will hand it back to the Returning Officer, who will, after identifying the same and WPC.30153/08 Page numbers insuring that it was based on that document that the election was conducted, retain it in safe custody along with the votes polled and other election materials, for a period of six months to exclude any complaint of the petitioners that materials were not available if they desire to challenge the election before the competent authority under Section 69 of the Kerala Co-operative Societies Act, 1969. Following this, the Society/Secretary is directed to open a fresh 6-B register, if necessary, for their continued official purpose. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.