IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 W.A.No. 1746 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.19040/2008 DATED 26/06/2008 .................... APPELLANT/WRIT PETITIONER -------------------------------------------- VADAKKE PURAKKAL PRADEEP KUMAR, S/O. V.P.KRISHNAN, AGED 38, VADAKKE PURAKKAL HOUSE, PALLIKKAL P.O. PALLIKKAL AMSOM AND AZHINHILASSERY DESOM. BY ADV. SRI.E.NARAYANAN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE CO-OPERATIVE INSPECTOR, MANJERI, MALAPPURAM DT. 2. THE CO-OPERATIVE ASSISTANT REGISTRAR, MANJERI, MALAPPURAM DT. 3. THE PALLIKKAL SERVICE CO-OPERATIVE BANK, REG.NO.D.1936, PALLIKKAL P.O., REPRESENTED BY ITS SECRETARY. 4. SAKKEER KUNNUMMAL PARAYIL, KUNNUMMAL PARAYIL HOUSE, S/O. HAMEED, MUKKOODU, KONDOTTY P.O., MALAPPURAM DT. R1 & R2 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R3 BY ADV.SRI.P.R.RAMACHANDRA MENON R4 BY ADV.SRI.P.V.BABY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No.1746 of 2008 ------------------------------------------ Dated, this the 28th day of August, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.19040 of 2008 dated 26th June, 2008. (2) In the writ petition filed, the petitioner had sought for the following reliefs. They are as under: “i) to call for the records leading up to the final list of valid nomination dated 18.6.2008 to the committee of the Pallikkal Service C0-operative Bank, Reg.No.D 1936, Pallikkal P.O. published by the second respondent, Co-operative Assistant Registrar, Manjeri or by any other writ or order. ii) to issue a writ of mandamus to the second respondent to prepare the final list of nominees in the Malayalam alphabetical order.” (3) The learned Single Judge has rejected the writ petition. It is the correctness or otherwise of the said decision is the subject matter in this writ appeal. (4) Today the matter is posted before us for admission. The learned counsel appearing for the appellant would submit that, during the pendency of the writ appeal, election to the committee members of the W.A.No.1746 of 2008 2 third respondent Bank has already been held on 27.6.2008. (5) In view of this development, in our opinion, we need not have to go into the correctness or otherwise of the decision rendered by the learned Single Judge. (6) Therefore, while disposing of this writ appeal as having become unnecessary, we make it clear that the Presiding Officer of the Co-operative Arbitration Tribunal before whom the election petition is pending, shall decide the election petition untrammelled by any one of the observations made by he learned Single Judge while disposing of the writ petition. (7) All the contentions of both the parties are left open. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns