IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 34274 of 2007(E) --------------------------------------- PETITIONERS: --------------------- 1. V.A.JOSE, MEMBER NO.4530, RAMAPURAM REGIONAL SERVICE CO-OPERATIVE BANK, RAMAPURAM, RESIDING AT UZHUNNALIL HOUSE, KOTTAYAM. 2. ARUN THOMAS, MEMBER NO. 20997, RAMAPURAM REGIONAL SERVICE CO-OPERATIVE BANK, RAMAPURAM, S/O.K.A.THOMAS, KOLATH HOUSE RAMAPURAM BAZAR P.O., KOTTAYAM. 3. SAJIMON.J., MEMBER NO. 16427, RAMAPURAM REGIONAL SERVICE CO-OPERATIVE BANK, RAMAPURAM, S/O.M.O.JOSEPH, MITTATHAYICKAL HOUSE RAMAPURAM BAZAR P.O., KOTTAYAM. 4. JINSET JOSE, MEMBER NO. 18713, RAMAPURAM REGIONAL SERVICE CO-OPERATIVE BANK, RAMAPURAM, S/O.K.V.GEORGE, KANANKOMBIL HOUSE, RAMAPURAM BAZAR P.O., KOTTAYAM. BY ADV. SRI.P.C.SASIDHARAN. RESPONDENTS: ------------------------ 1. KERALA STATE CO-OPERATIVE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, CO-BANK TOWERS, THIRUVANANTHAPURAM, PIN -695033. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, O/O.THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. W.P.(C). NO.34274/2007: 3. THE ELECTORAL OFFICER, APPOINTED FOR THE CONDUCT OF ELECTION TO RAMAPURAM REGIONAL SERVICE CO-OPERATIVE BANK, RAMAPURAM, KOTTAYAM, (THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (SC/ST), O/O.JOINT REGISTRAR, KOTTAYAM). 4. THE RETURNING OFFICER, APPOINTED FOR THE CONDUCT OF ELECTION TO RAMAPURAM REGIONAL SERVICE CO-OPERATIVE BANK, RAMAPURAM, KOTTAYAM, (THE UNIT INSPECTOR OF CO-OPERATIVE SOCIETIES, MEENACHIL). 5. THE RAMAPURAM REGIONAL SERVICE CO-OPERATIVE BANK, REPRESENTED BY ITS SECRETARY, RAMAPURAM BAZAR.P.O., KOTTAYAM-24. 6. M.M.MUKUNDA KUMAR, S/O.MADHAVAN NAIR, MUKUNDAVILASAM, KOODAPULAM P.O., RAMAPURAM, KOTTAYAM-23. *ADDL. RESPONDENTS 7 TO 10 IMPLEADED: *7. JOSEPH ZACHARIAS .M, MEMBER NO. 5124, RAMAPURAM REGIONAL SERVICE CO-OPERATIVE BANK, RAMAPURAM, RESIDING AT MUNDAKKAL HOUSE, RAMAPURAM BAZAR.P.O., KOTTAYAM DISTRICT. *8. BENNY MATHEW, MEMBER NO. 6770, RAMAPURAM REGIONAL SERVICE CO-OPERATIVE BANK, RAMAPURAM, RESIDING AT KULAKKATTOLICKAL HOUSE, KOODAPPULAM.P.O., KOTTAYAM DISTRICT. *9. ROJAN.P. MATHEW, MEMBER NO. 18900, RAMAPURAM REGIONAL SERVICE CO-OPERATIVE BANK, RAMAPURAM, RESIDING AT PUTHIYIDATHU NEDUMKOMPIL HOUSE, RAMAPURAM BAZAR.P.O., KOTTAYAM DISTRICT. W.P.(C). NO.34274/2007: *10. BINDU SURENDRAN, MEMBER NO. 18746, RMAPURAM REGIONAL SERVICE CO-OPERATIVE BANK, RAMAPURAM, RESIDING AT THAZHATHU MUPPATHU HOUSE, KIZHATHIRI.P.O., KOTTAYAM DISTRICT. *ADDL. RESPONDENTS 7 TO 10 ARE IMPLEADED AS PER ORDER DATED 23/01/2008 IN I.A. NO. 16147/2007. R1 TO R4 BY GOVT. PLEADER SRI.P.K. RAVIKRISHNAN, ADV. SRI.P.M.JOSEPH, ADV. SRI.P.V.BABY, ADV. SRI.A.N.SANTHOSH, R5 BY ADV. SRI.O.D.SIVADAS, R6 BY ADV. SRI. G. HARIHARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008,ALONG WITH W.P.(C). NOS. 29161/2007 & 35785/2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34274/2007-E: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE AFFIDAVIT FILED BEFORE THIS HONOURABLE COURT ON BEHALF OF THE PART TIME ADMINISTRATOR. EXT.P.2: COPY OF THE AFFIDAVIT FILED ON BEHALF OF THE JOINT REGISTRAR. EXT.P.3: COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE JOINT REGISTRAR. EXT.P.4: COPY OF THE PRESS RELEASE ISSUED BY THE SOCIETY DTD. 29/12/2006, MATHRUBHOOMI. EXT.P.5: COPY OF THE JUDGMENT IN W .P.(C). NO. 13940/07. EXT.P.6: COPY OF THE INTERIM ORDER IN W.P.(C). NO. 29161/07. EXT.P.7: COPY OF THE NOTIFICATION ISSUED BY THE ELECTION COMMISSION IN THE NEWS DAILIES, MALAYALA MANORAMA DTD. 02/11/07. EXT.P.8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE ELECTORAL OFFICER DTD. 16/11/07. EXT.P.9: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE ELECTORAL OFFICER DTD. 16/11/07. EXT.P.10: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RETURNING OFFICER DTD. 17/11/07. EXT.P.11: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE ELECTION COMMISSION. EXT.P.12: COPY OF THE CHART SHOWING THE MEMBERS REMOVED FROM THE DRAFT VOTERS LIST BY THE ELECTORAL OFFICER. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).Nos.34274/2007-E, 29161/2007-V & 35785/2007-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of December, 2007. O R D E R Following the earlier orders, polling has been conducted and votes are kept in ballot boxes, as directed. As of now, the Returning Officer is directed to have the votes counted in accordance with the provisions of the Act and Rules, as may be applicable and the votes directed to be kept separately shall be counted and recorded separately and such results shall be placed before this Court without making any declaration as to the results. Hand over to all sides. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/