IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 28848 of 2011(E) --------------------------------------- PETITIONER(S): ------------------------- K.BALAKRISHNAN, S/O. VELAYUDHAN, DIRECTOR, TANUR SERVICE CO-OPERATIVE BANK LTD. (NO.F.1629), POST TANUR, MALAPPURAM DISTRICT. BY SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE BY ADVS. SRI.SAJU.S.A SRI.K.C.KIRAN SMT.P.A.SHEEJA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001. 2. STATE CO-OPERATIVE ELECTION COMMISSIONER, THIRUVANANTHAPURAM-695 001. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), MALAPPURAM-676 505. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, TIRUR, MALAPPURAM-676 505. 5. TANUR SERVICE CO-OPERATIVE BANK LTD. NO.F.1629, REPRESENTED BY ITS SECRETARY, P.O.TANUR, MALAPPURAM DISTRICT-676 302. 6. PRESIDENT, TANUR SERVICE CO-OPERATIVE BANK LIMITED, TANUR, MALAPPURAM-676 302. 7. SECRETARY-IN-CHARGE, TANUR SERVICE CO-OPERATIVE BANK LIMITED, TANUR, MALAPPURAM-676 302. R1 TO R4 BY GOVT. PLEADER SRI.G.GOPAKUMAR R6 & R7 BY ADV. SRI.P.J.MATHEW, SRI.THOMAS JOHN AMBOOKEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.28848/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 : THE TRUE COPY OF THE ELECTION NOTIFICATION PUBLISHED IN 'MALAYALA MANORAMA' DAILY DTD.16.10.2011. EXT.P2 : TRUE COPY OF THE COMPLAINT BEFORE THE JOINT REGISTRAR OF CO-OP. SOCIETIES, MALAPPURAM ON 14.10.11 BY THE PETITIONER ALONG WITH ANOTHER DIRECTOR BY NAME SATHYANATHAN. EXT.P3 : TRUE COPY OF COMPLAINT TO THE RETURNING OFFICER ON 24.10.2011 BY THE PETITIONER ALONG WITH ANOTHER DIRECTOR BY NAME SATHYANATHAN. EXT.P4 : TRUE COPY OF THE COMPLAINT TO STATE ELECTION COMMISSIONER DTD.28.10.2011 BY THE PETITIONER ALONG WITH ANOTHER DIRECTOR BY NAME SATHYANATHAN. EXT.P5 : THE TRUE COPY OF THE COMPLAINT PREFERRED BY KOLAKUNNATHU SAIDALAVI AND OTHERS BEFORE THE RETURNING OFFICER DTD.24.10.2011. EXT.P6 : THE TRUE COPY OF THE COMPLAINT PREFERRED BY A.SREEJAYAN AND OTHERS BEFORE THE RETURNING OFFICER DTD.24.10.2011. RESPONDENT'S EXHIBITS R6(a):- COPY OF THE WRITTEN STATEMENT DT.D 27.10.2011. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.28848 of 2011 ----------------------------------------- Dated this the 3rd day of November, 2011 JUDGMENT The petitioner, a member of the 5th respondent society, has filed this writ petition mainly seeking a direction to the Joint Registrar of Co-operative Societies (General) Malappuram and the 4th respondent Assistant Registrar of Co-operative Societies, Tirur, Malappuram, the Electoral Officer appointed to hold the elections to the Managing Committee of the 5th respondent society, to consider his objections to the draft voters list after affording him an opportunity of being heard. When the writ petition came up for hearing today, Sri.G.Gopakumar, learned Government Pleader appearing for the 3rd respondent, submitted that a hearing was held by the 4th respondent, Electoral Officer, on 27.10.2011, that the objections raised by the petitioner were overruled and the final voters list containing the names of 9456 members was approved and published on 28.10.2011. The learned counsel for the petitioner did not dispute the said submission. In such circumstances as the final voters list has been W.P(C).No.28848 of 2011 -:2:- published, I find no reason to entertain this writ petition or to stay the elections. The writ petition is accordingly dismissed reserving liberty with the petitioner to challenge the election, if he is aggrieved by the result of the election, in other appropriate proceedings with proper persons on the party array. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.28848 of 2011 ---------------------------- JUDGMENT 3rd November, 2011