IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 5438 of 2011(D) --------------------------------- PETITIONER(S): ------------------- V.BABU, KUNNUMPURATHU VEEDU, KIZHUVILAM, CHIRAYINKEEZHU PO, THIRUVANANTHAPURAM. BY ADVS. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA SMT.S.MEERA SMT.M.G.AISHWARYA RESPONDENT(S): -------------------- 1. THE RETURNING OFFICER,ELECTION TO THE MANAGING COMMITTEE OF KIZHUVILAM SERVICE CO- OPERATIVE BANK LTD., NO.2405,KIZHUVILAM, CHIRAYINKEEZHU, THIRUVANANTHAPURAM, UNIT INSPECTOR ATTINGAL - 695 304. 2. KIZHUVILAM SERVICE CO-OPERATIVE BANK LTD NO.2405,KIZHUVILAM, MUDAPURAM PO, CHIRAYINKEEZHU, THIRUVANANTHAPURAM, REP.BY ITS SECRETARY - 695 304. R1 VT GOVT.PLEADER SRI.T.K.VIPINDAS R2 VT ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, ALONG WITH WPC NO. 5655 OF 2011 WPC NO. 5458 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) Nos. 5438, 5458 & 5655 of 2011 ------------------------------------------------- Dated this the 9th day of March, 2011 JUDGMENT Basant,J. This judgment must be read in continuation of the common order passed in these writ petitions on 25/2/2011. The Returning Officer i.e., the 1st respondent in W.P.(c) No.5438/11 has filed a report. The learned Government Pleader submits that adequate, sufficient and effective protection was granted and peaceful elections have been held. In these circumstances nothing further need be done in these matters and these petitions may be closed, submits the learned Government Pleader. 2. The learned counsel for the petitioner in W.P.(c) No.5655/11 also submits that the petitions can be closed. However, the learned counsel for the common petitioner in W.P.(c) Nos.5438 & 5458/11 submits that the elections have not been conducted property by the Returning Officer. The said petitioner has a lot of objections to raise against the report W.P.(C) Nos. 5438, 5458 & 5655 of 2011 -: 2 :- submitted by the Returning Officer. A counter affidavit has been filed by the petitioner raising objections against the report submitted by the Returning Officer. 3. We deem it unnecessary in this proceedings to go into the controversies and objections raised against the report submitted by the 1st respondent. The petitioner, if he has any objections against the report submitted by the 1st respondent - Returning Officer, can raise all those contentions in a properly instituted election petition. We are not persuaded to agree that those objections need be considered by us in the present writ petitions. We make it clear that we are not accepting the report submitted by the 1st respondent or its contents. We are not accepting the counter affidavit filed by the petitioner in W.P.(c) Nos.5438 & 5458/11. We need only observe that such contentions/objections must be raised at the appropriate forum and orders sought. 4. With the above observations, these writ petitions are now dismissed. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHA Nan/ (Judge) //true copy// P.S. to Judge