IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 33995 of 2008(V) --------------------------------------- PETITIONER(S): ----------------------- T.G. RAMACHANDRAN, (MEMBER SHIP NO.2527 THERUMTHANATHU, EZHACHERRY, PAYAPPAR POST, KOTTAYAM. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ------------------------- 1. THE EZHACHERRY SERICE CO-OPERATIVE BANK LTD., NO. 1548, EZHACHERRY, KOTTAYAM DISTRICT REPRESENTED BY ITS SECRETARY. 2. THE CO-OPERATIVE ELECTION COMMISION, REPRESENTED BY ITS SECRETARY. 3. THE ELECTROAL OFFICER, THE ASISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MEENACHIL PALA P.O., KOTTAYAM DIST. 4. THE RETURNING OFFICER, THE UNIT INSPECTOR, ERATTUPETTA UNIT, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) MEENACHIL, PALA P.O., KOTTAYAM DISTRICT. ADV. SRI.GEORGEKUTTY MATHEW FOR R1 GOVERNMENT PLEADER SRI.K.C.SANTHOSHKUMAR FOR R3 & R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.33995 of 2008-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of December, 2008. JUDGMENT This is a writ petition by a member of the first respondent co-operative bank. The allegation in this writ petition filed on 17-11-2008 is that the Electoral Officer and the Returning Officer are not conducting themselves appropriately in considering the objections filed to the draft voters' list. I then noticed that the consideration of objections and publication of final voters' list was fixed to be on 18-11-2008. Accordingly, the case was adjourned to 21-11- 2008. Thereafter, by now, even the last date for submission of nominations and withdrawal of nominations are over and the polling is fixed on 7-12-2008. His continuing complaint is only regarding the non-consideration or absence of appropriate consideration of his objections to WP(C)33995/08 -: 2 :- the preliminary voters' list. He submits through learned counsel that after the objections were filed, the Returning Officer obtained an affidavit from the President of the bank regarding the persons to be removed from the list and the Returning Officer has removed such persons from the list. According to the petitioner, this is not the procedure provided for by the Rules. The Joint Registrar had issued Ext.P3 on the basis of which certain persons were to be removed. The continued availability of any of them in the list is a matter for verification and dispute on facts. Not only that, I am not inclined to exercise the writ jurisdiction at this point of time, in any manner, interfering with the electoral process declaring a polling on the 7th of this month when any person, aggrieved by the result of the election, will be entitled to raise a dispute in relation to that and in that adjudication, the right of any person as a voter would also be germane. The writ petition is hence dismissed preserving all rights of the WP(C)33995/08 -: 3 :- petitioner to such course of action. It is also clarified that this judgment does not in any manner affirm the correctness or otherwise of the voters' list. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/