IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 15913 of 2008(T) -------------------------- PETITIONER: ------------ AUGUSTINE MATHEW, S/O. LATE MATHEW, AGED 42, MULLOOR HOUSE, NEERICOD P.O., ALANGAD-683511. BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS: ------------- 1. N.A. SATHYAN, S/O. ACHUKUTTY, NUDUKAPILLY, NEERKODU P.O. 2. ELOOR UNIT INSPECTOR CO-OPERATIVE SOCIETIES (GENERAL), ELOOR P.O./ RETURNING OFFICER TO NEERKODU SERVICE CO-OPERATIVE BANK LTD.NO.1682, NEERKODU P.O., ALANGAD. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) N.PARUR, ERNAKULAM/ ELECTORAL OFFICER TO NEERKODU SERVICE CO-OPERATIVE BANK LTD., NEERKODU P.O. 4. STATE CO-OPERATIVE ELECTION COMMISSION, REP. BY ITS SECRETARY, OFFICE OF THE STATE ELECTION COMMISSION, TRIVANDRUM. 5. STATE OF KERALA REP. BY SECRETARY TO CO-OPERATION, SECRETARIAT, TRIVANDRUM. 6. THE NEERKODU SERVICE CO-OPERATIVE BANK LTD.NO.682, NEERKODU P.O., ALANGAD, ALUVA, REP. BY ITS SECRETARY. BY R3 & R5 SENIOR GOVT. PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.15913 OF 2008 ------------------------------------------- Dated this the 29th day of May, 2008 JUDGMENT The petitioner is a candidate for an election in terms of Ext.P1 notification to the committee of the 6th respondent co- operative society. He objected to the acceptance of nomination of the first respondent on the ground that a brother of the first respondent is employed in that society and therefore, the first respondent is disqualified from contesting the election. That objection has been overruled by the Returning Officer and the nomination of the first respondent has been accepted. The matter under challenge is, therefore, one squarely relating to the context of the election. Be it in any field, including co-operative sector, it is advisable for the writ court not to step in during the electoral process since that will only drag on the democratic exercise of having an election conducted. Not only that, if ultimately the petitioner loses in the election or if the first respondent succeeds, it would be open for the petitioner to have WPC.15913/08 Page numbers and election dispute raised in accordance with law before the competent authority. The petitioner may also have other remedies in terms of the Kerala Co-operative Societies Act and Rules. Whatever that be, the petitioner has efficacious alternate remedy and that would be appropriate for being open up at the proper time. Under such circumstances, I am not inclined to entertain this writ petition. The same is accordingly dismissed in limine without entering on the merits of the contentions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.